Concept and Definition of Trademarks:
A trademark or industrial mark refers to any sign or symbol adopted as a logo to distinguish the products of a commercial or industrial enterprise or to serve as a logo for the services provided by the enterprise.
To qualify for trademark protection, the mark must be distinctive, possessing characteristics that eliminate confusion with other marks used on similar products or services. It must also be new and legally acceptable.
Characteristics and Advantages of Trademark Ownership:
The owner of a trademark has the exclusive right to use it to distinguish their products or services. The registered trademark holder enjoys the right to prevent others from using an identical or similar mark to distinguish products or services that are identical or similar to those for which the trademark is registered, especially if it causes confusion among consumers.
Trademark ownership is characterized as a permanent, relative, and financially independent right.
Who Can Legally Register a Trademark in the UAE:
Citizens of the UAE, both natural and legal persons, engaged in any commercial, industrial, handicraft, or service activities.
Foreigners, both natural and legal persons, engaged in commercial, industrial, handicraft, or service activities within the UAE.
Foreigners, both natural and legal persons, engaged in similar activities in any country that has reciprocal agreements with the UAE.
Public legal entities.
Applications are submitted to the Trademark Registration Department of the Ministry of Economy using the appropriate forms.
Legal Protection for Trademarks:
Trademarks enjoy civil protection before registration and both criminal and civil protection after registration, as well as international protection under the Paris Convention for the Protection of Industrial Property.
1. Civil Protection:
If a trademark owner suffers damage due to an act of unfair competition, the offender is liable for compensation. If the elements of liability are met, the trademark owner may file a lawsuit for unfair competition against the infringer. This lawsuit aims to remedy the harm suffered by obliging the defendant to pay compensation, which is generally calculated based on the incurred losses and missed profits.
2. Criminal Protection:
The UAE Trademark Law outlines two categories of offenses related to trademark infringement:
The first group involves the forgery or imitation of trademarks.
The second group involves selling, offering for sale, trading, or possessing goods with counterfeit or unlawfully used trademarks, while knowing they are counterfeit.
Criminal acts include forging or imitating a trademark, using the forged or imitated mark, unlawfully usurping another’s legitimate trademark, or selling or offering products bearing such marks. The law requires that the offender must have acted in bad faith, knowing they are selling or dealing with counterfeit goods. Additionally, the use of unregistered trademarks in such cases is also considered a crime.
Support from ILS Consultancy:
ILS Consultancy team of legal advisors and specialists in trademark registration and intellectual property rights offers scientific and technical support, preparing all necessary documents and submitting them properly. They also carry out all legal procedures required for trademark registration with the UAE Ministry of Economy.
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