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Trademark Protection and Registration in the UAE
Published: 07.05.2018 | Dubai, United Arab Emirates
Awareness of the importance to protect trademarks is continuously growing all over the globe due to the enormous losses sustained by the industrial countries because of the spread of counterfeit trademarks and products. This requires a permanent effort for fighting counterfeit or infringement the trademarks. Therefore, it is a necessity to be continuously on the lookout over all industrial property legislation worldwide to achieve optimal success in IP-Protection. Being engaged in protecting trademarks and patents in the Middle East, M&P is fully aware of all the concerned regulations, procedures, etc. all over the region. UAE Trademark Protection | Meyer-Reumann
Protecting trademark against imitators is of utmost importance, in particular in areas like the Gulf, where faked products are constantly penetrating the market. The fight against faked products starts with the registration of the trademark.

The violations may be summarized as follows:
  • Wrongful use and distribution of registered trademarks on imitated products and passing off imitations as original products;
  • Distribution of products of inferior quality possibly being detrimental to the health of potential customers and thus harmful to the reputation of the trademark owner;
  • Exposing the trademark owner to the danger of possible claims for damages and liability due to malfunctioning of counterfeit products cause by inferiority of the quality of the counterfeit products.
Illegal use of a registered trademark by any third party, use of a fake or counterfeit trademark, application to one’s goods a registered trademark belonging to another party in bad faith, dealing in goods bearing a fake or counterfeit trademark, and use of a trademark that falls under certain classes of unregistered marks are offenses prohibited by law.

Therefore, it is vital to register the trademark with the Ministry of Economy to keep the rights of the owner protected. A trademark registration is valid for 10 years as of the date of filing the application renewable for similar periods. The trademark owner has a grace period of three months as from the date of expiry. On the other hand, use of a trademark is not mandatory for filing application for registration or for maintaining the registration in force. However, any interested party may request deletion of a trademark from registration, if the owner fails to use such the trademark in the U.A.E. for 5 consecutive years from the date of registration.

Paris Convention provides that if any party, who has filed an application for the registration of a trademark in a certain country, can file another application in another country within six months as of the filing date of the first application claiming priority right. This means that the second application will be considered as if it were filed on the date of the first application. This is beneficial for the second application in case another party filed an application for a similar trademark between the filing dates of the first and second applications; the third party's application will be rejected on the ground of such priority right.

Being engaged in protecting trademarks and patents in the Middle East, M&P is fully aware of all the concerned regulations, procedures, etc. all over the region. In case have any questions or inquiry about this issue, in charge our senior lawyer, Mr. Tarek Jairwdeh, will be ready to assist you.
 
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