UAE Trademark-No Registration, No Protection!
Protection of a Trademark under UAE Law
IP-Expert Sana Faiz shares her views
Trademark in UAE- An Identity mark for Companies/Business
A Trademark is an identity mark for a company/business for its products or services. It serves to indicate the origin of goods and services to end consumers. These identity marks can be of any nature or any form i.e. a word, a logo, a figure, a 3-D shape, a sound or a melody. Trademarks are crucial form of Intellectual Property, which if managed intelligently and protected properly proves can become the most significant asset of a company/business i.e. Apple’s iconic Trademark is the classic example of the fact. The concept, net worth and need to protect this intangible asset are universal but the nature of protection and the factors contributing towards its stronger protection may vary from country to country.
Protection of a Trademark in Different Countries
In different countries the moment a trademark is used for the first time, the rights of the user are established; such rights are called “common law rights in a Trademark”. By virtue of common law rights, the user of the Trademark can effectively prevent the unauthorized use of the similar or identical Trademark. However, such rights are only available in common law countries, hence, enforceable only in the geographical limits where such trademark was first used. In such countries registration of Trademark just confers the greater protection to the Trademarks.
Protection of a Trademark in UAE
Nevertheless, the position of protection of a trademark in UAE is quiet opposite to foregone. Trademark Regime of UAE is based on the principle of “First to file”, mere usage of a Trademark at an anterior date does not create any right in favor of the user. The position of unregistered users of Trademarks in UAE is vulnerable, as under UAE law the unregistered trademark affords no protection. The position of any party using an unregistered Trademark for a long period becomes highly jeopardizing if another party with the malafide (legal for fraudulent) intention takes precedence in filing and securing the Registration of a similar or identical Trademark. In this scenario “the prior use” of a Trademark could be ground for opposing the Application or cancellation of a malafidely registered Trademark. However, the same is least entertained ground under UAE Trademark regime and fragile enough not to stop the other party from using or infringing the Trademark.
Considering the position of UAE Trademark law, everyone who is a using or has developed a trademark and intends to capitalize the same in UAE must get the same registered at their earliest. The UAE Trademarks law (37/1992) provides the Proprietor of the Trademark with every possible protection. The proprietor of a Trademark can enjoy all rights over a Trademark to the exclusion of everyone else, can enforce his rights against the unauthorized use of not only the identical but also a similar trademark in relation to the same goods/services and can stop counterfeits and fake goods/ services from entering UAE markets through law enforcement agencies.
To earn the benefits of time, resources and energy invested in creating the brand image of your Trademark in UAE, the registration is imperative.
Hence, No registration-No Protection!
ADAM Global on this note has taken special heed in organizing a free IPR awareness campaign that is expected to be running throughout the last quarter of 2017. More on this will be released soon.
To register your trademark or Intellectual Property please feel free to drop me a line on email@example.com
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Blog Contribution By:
(Aviation, Corporate & IP Consultant)
Contact: 00971 56 779 58 03