The United Arab Emirates (UAE) has recently implemented a new Trademarks Law. This Law was issued on September 20, 2021. It has replaced the previous Federal Law on trademarks. The trademarks law establishes a centralized ‘trademarks register’. It is maintained by the Federal Ministry of Economy. The regulatory body records all registered trademarks such as the names, addresses, and activities of their owners, as details of any transfers, assignments, mortgages, licenses, or other changes related to the trademarks. This trademark can be more explained by the Advocates expert in Business Law, Economic Department Activities and Corporate Affairs.
According to the trademarks law, the person who registers a trademark is termed its sole owner. Once a trademark is registered, its ownership cannot be disputed. In any case, its registration and use have been continuous for at least five years without any legal action against it, unless it can be proven that the registration was done in bad faith. The foremost crucial step is to register the trademark. It is necessary for trademark protection and combating potential infringement. Obtaining a valid trademark registration certificate is essential.
Protecting your Trademark
It is crucial for protecting your trademark. It serves as valid proof to prevent potential infringement claims. The registration process involves several procedures. This may include examinations, possible objections, advertisements, and final publication. Once the procedure is completed, one can obtain a trademark registration certificate. following this, now the trademark can be legally used and monetized.
In the UAE, trademarks are registered under the forty-five classification categories of the Nice Classification (NCL). It is an international classification system for goods and services. The new trademarks law has introduced higher penalties for trademark infringement compared to the previous laws. The law specifies the penalties that can be imposed.
In cases of infringement, individuals can face penalties of up to one million Dirhams. Such acts that can lead to penalties include forging or counterfeiting a registered trademark with the intent to confuse the public. Furthermore, it also includes acts like knowingly using forged or counterfeit trademarks for commercial purposes, using another’s registered trademark in bad faith, or possessing tools or materials intended for forging or counterfeiting trademarks.
Additionally, importing or exporting goods bearing forged or counterfeit trademarks with knowledge of their illegitimacy can also lead to penalties. Trademark registration offers numerous advantages to trademark owners. Firstly, it provides legal protection and allows owners to take legal action against infringement. They work with the court system and customs authorities to safeguard their trademarked products or services.
Furthermore, trademark registration helps build brand recognition. It also enhances the reputation and quality associated with the trademarked products or services. Customers often associate product quality with brand value. Consumers mainly rely on trademarks to identify trustworthy and reputable products.
Nonetheless, Trademarks serve as a reliable mechanism for proprietors. It attracts and retains its customer base. Once a valid trademark registration is obtained in the UAE, the trademark owner can rely on the protections.
It is provided by the regulatory body under the trademark law. If necessary they will take appropriate legal measures in cases of suspected infringement. In conclusion, the UAE’s new trademarks law strengthens the legal framework for trademark protection and enforcement. Registering a trademark is crucial for securing legal protection. It also asserts the ownership rights of the owner.
In recent years, the law introduces more severe penalties for trademark infringement, emphasizing the importance of respecting and safeguarding intellectual property rights. By obtaining a valid trademark registration, trademark owners can take advantage of the legal safeguards and pursue necessary actions if required.
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