The UAE is one of the most sought countries by foreign investors. Many of them want to set up subsidiaries or branch offices in Dubai and in other Emirates which implies using the same name for the UAE company in order to add more value to their business. When it comes to intellectual property rights, the UAE is a signatory member of various international agreements which requires the competent authorities to protect existing trademarks and copyrights against infringement.
Trademark infringement is the use of a registered trademark without paying for the license of using the rights related to the said trademark. Trademark infringement may also occur by using a sign or name in order to promote goods or services similar to registered trademarks, goods and services.
Foreign companies or citizens registering trademarks in Dubai are advised to verify the availability of the name or sign they are about to register before submitting their application. This will help them protect themselves against trademark infringement. On the other side, Dubai companies without a registered trademark are advised to apply for registration in order to protect themselves against third parties who could register the same name or sign.
The UAE trademark legislation stipulates that trademark infringement appears when the same or a similar mark is used to represent the same or similar goods to the one previously registered. This is also one of the main reasons when a trademark registration application is filed, a list of the goods or services to be represented by the distinctive sign is required. Trademark infringement in Dubai is subject to different penalties.
Our lawyers in Dubai can provide you with more information about the Trade Mark Law.
In order to protect companies using registered trademarks against infringement, the Dubai Court of Cassation has imposed limitations. The most important one states that trademark infringement appears in the case of unregistered signs or names used to confuse customers by simply resembling the registered trademark. Therefore, an unregistered sign does not have to be identical to the registered one, but only similar enough to create confusions.
For legal assistance in trademark infringement cases, you can contact our law firm in Dubai.
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