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In the United Arab Emirates trademarks are protected by virtue of the Federal Trademark Law No.37 of 1992 as amended by Law No.8 of 2002 (“Trademark Law”).
§1 – The purpose of the trademark Law:
For consumers:
- Allows consumers to identify the source of the goods or services.
- Ensures that consumers are able to rely on marks to identify their preferences by prohibiting competitors from using marks in a way that confuses consumers about the source of a product or a service.
- Identifies the source of goods or services benefits both consumers and business enterprises.
For business
- Helps to create and protect business good will which reflects the business’ image, good reputation and expectation of repeat patronage, which, while intangible, can be extremely valuable.
§2 - Trademark subject matter:
The following maybe protected under the Trademark Law if it meets the criteria for protection: names, words, signatures, letters, numbers, drawings, symbols, addresses, hallmarks, stamps, pictures, vignettes, notices, packages or any other mark or combination of marks having a distinctive form and being used, or meant to be used, to distinguish goods or products of whatever origin, or to show that the goods or products are owned by the owner of the trademark due to their manufacturing or selection for trading purposes or to distinguish services. A sound accompanying mark shall be considered part of the trademark.
§3 - Strength of protection:
Trademarks confer on their owner the right to prevent uses of their trademarks pr of similar marks or features which are likely to confuse the relevant public or which dilute the distinctive quality of the mark.
§4 - Duration of protection:
Trademarks are protected retroactively from the date of filing once they are registered and said registration is renewable indefinitely every 10 years.
§5 - Criteria for protection:
In order for a trademark to be registered in the UAE, it must be registered with the UAE Trademarks Office. To file an application for trademark registration the trademark must be distinctive and not generic. It also must not contradict morality or public order. It also cannot be one of the marks described under Article 3 of the Trademark Law. In addition, the UAE is a party to the Madrid Agreement concerning international registration of trademark (Stockholm Act of 1967) and thus the international classification of goods and services for the purpose of registration of marks is applicable in the UAE. The UAE is also signatory to the Paris Convention and the WTO Trade Related Agreement on Intellectual Property (TRIPS).
§6 - Registration & Cancellation:
Once the mark is registered, it becomes incontestable after the lapse of five years from its registration provided no legal action contesting ownership or alleging non-use was pursued and won.
§7 - Infringement of a trademark:
Any infringement or unauthorized use of a registered trademark such as imitation, illegal reproduction, or forgery of a registered trademark, selling or offering the sale of goods which contain a forged trademark or the affixation thereof under another person’s name is penalized with a fine and or a term of imprisonment. Trademark infringement may also be pursued through administrative legal actions or curl actions.
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