Key Aspects
Identical or Similar Marks
Unauthorized Use
Commercial Impact
Brand Damage
Market Encroachment
Why Trademark Infringement Matters
Protection of Brand Identity
Trademarks are essential for distinguishing your goods or services from those of competitors. Infringement undermines this identity and can confuse consumers.
Legal Rights Enforcement
Trademark owners have exclusive rights to their marks. Infringement actions help enforce these rights and prevent unauthorized use.
Market Position
Protecting your trademark ensures that your brand’s reputation and market position are not diluted by others using similar marks.
Financial Investment
Legal Remedies for Trademark Infringement
Cease and Desist Orders
Trademark owners can issue a cease and desist letter to the infringer, demanding that they stop using the trademark and rectify the infringement.
Filing a Complaint
A formal complaint can be filed with the UAE’s Ministry of Economy, which handles trademark registration and enforcement. The Ministry can investigate and take necessary actions against the infringer.
Court Action
If informal resolutions fail, trademark owners can pursue legal action through UAE courts. Remedies may include injunctions, damages, and orders to destroy infringing goods.
Customs Enforcement
The UAE’s Customs Authorities can assist in preventing the import or export of counterfeit goods bearing the infringing trademark.
Proof of Infringement
Evidence of the similarity between marks. Proof that the infringing mark is used in relation to similar goods or services. Demonstration that the use of the infringing mark is likely to cause confusion among consumers.
Process
Trademark infringement can significantly impact your business and brand integrity. By understanding your rights and the available legal remedies, you can better protect your intellectual property in the UAE. For personalized advice and assistance with trademark issues, contact our expert team today.
Document List for Trademark Registration
Trademark Representation
A clear image of the trademark in the exact form it will be used (logo, design, wordmark, etc.) in a format specified by the Ministry of Economy, usually a high-resolution image file.
Individual Applicant
A copy of the passport or national ID of the individual applying.
Corporate Applicant
A copy of the trade license and the passport of the authorized signatory. Any other relevant documents proving the existence and legitimacy of the business entity.
Goods or Services List
A precise list of the goods or services that the trademark will cover, classified according to the Nice Classification system.
Proof of Use (if applicable)
Documentation proving that the trademark is already in use in the UAE, such as advertisements, labels, packaging, or other marketing materials.
Power of Attorney (POA)
If you are appointing a trademark attorney or agent to handle the application on your behalf, a notarized Power of Attorney is required.
Official Fees Payment
Proof of payment for the trademark registration fees, which can be made through the Ministry’s online payment system.
Translation (if applicable)
If the trademark or supporting documents are in a language other than Arabic, a certified translation into Arabic may be required.
Government Fees
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Description
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Amount
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Trademark Search Fees
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AED 355
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Trademark Application Fees
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AED 755
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Publication Fees
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AED 1553
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Registration Fees
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AED 5037
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Opposition and Dispute Resolution Fees
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AED 2000 to AED 3500
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Process for Trademark Infringement
Pleading and Complaint
Government Fees for filing a Complaint
Trademark vs. Copyright: Understanding the Differences
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Trademark
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Copyright
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Purpose
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A trademark is a sign, logo, name, or symbol used to distinguish goods or services of one business from those of others. Its primary purpose is to protect brand identity and ensure consumers can easily identify the source of products or services. Trademarks help prevent confusion in the marketplace and protect a brand’s reputation.
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Copyright protects original works of authorship, including literary, artistic, musical, and dramatic works. It provides creators with exclusive rights to reproduce, distribute, perform, display, and develop derivative works from their original creations. The purpose of copyright is to incentivize creativity and ensure creators are rewarded for their work.
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Scope of Protection
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Trademarks cover brand identifiers such as names, logos, slogans, and designs. The protection is focused on preventing others from using marks that are confusingly similar to an existing trademark within the same class of goods or services.
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Copyright covers the expression of ideas rather than the ideas themselves. This includes written texts, art, music, films, and software. It does not protect facts, ideas, or concepts, but rather the specific expression of those ideas.
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Duration of Protection
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Trademarks are protected for 10 years from the date of registration and can be renewed indefinitely for successive 10-year periods, as long as they are actively used in commerce and not abandoned.
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Copyright protection typically lasts for the lifetime of the author plus 50 to 70 years, depending on the jurisdiction. For works created for hire or anonymous works, for works created for hire or corporate logos, the protection typically lasts for 95 years from publication or 120 years from creation, whichever is shorter.
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Registration Process
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Trademark registration involves a formal application process with the relevant trademark office. The application must include a representation of the trademark, a list of goods or services, and payment of registration fees. Trademarks can be registered with national or international authorities.
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Copyright protection is automatic upon the creation of an original work of authorship and does not require registration. However, registration with a copyright office provides additional legal benefits, such as the ability to sue for statutory damages and attorney’s fees.
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Enforcement and Infringement
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Trademark owners are responsible for monitoring and enforcing their rights. This includes taking legal action against infringers who use a similar mark that could cause confusion among consumers.
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Copyright holders also have the right to enforce their rights against unauthorized use or infringement. This can involve legal action to prevent unauthorized reproduction, distribution, or performance of the copyrighted work.
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Examples
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The "Nike" swoosh logo, the "Coca-Cola" brand name, and the "McDonald’s" Golden Arches are all examples of trademarks that identify and distinguish products and services in the marketplace.
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The text of a novel, the melody of a song, the script of a play, and the artwork in a painting are all examples of works protected by copyright.
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Understand the Symbols
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Used to indicate that the content on the website is protected by copyright. It generally includes the copyright symbol (©), the year of first publication, and the name of the copyright holder.
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Indicates that a trademark is either a claimed mark (™) or a registered trademark (®). The ™ symbol is used for marks that are not yet registered but are used to claim rights, while the ® symbol is used for marks that have been officially registered with the relevant trademark office.
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In conclusion, grasping the distinctions between trademarks and copyrights is essential for effectively safeguarding and managing intellectual property. Trademarks safeguard brand identity and ensure market differentiation, while copyrights protect the creative expression of original works. By knowing how each type of protection works, you can better navigate the legal landscape and ensure that your intellectual property is secure. For specific guidance on protecting your creations and brands, consulting with an intellectual property attorney can provide valuable insights and assistance.
Types of Trademark Infringement
In the UAE, trademark infringement can be classified into several types, each involving different forms of unauthorized use or misuse of a registered trademark. Here are the main types:
Direct Infringement
This occurs when a party uses a trademark identical or similar to a registered trademark without authorization, leading to confusion or association with the original trademark. This includes selling or distributing goods or services that bear the infringing mark.
Indirect Infringement
This involves aiding or abetting another party in infringing on a trademark. For example, if a company provides counterfeit goods or facilitates their distribution, it could be held liable for indirect infringement.
Counterfeiting
This is the act of producing or selling goods that bear an identical replica of a registered trademark, usually with the intent to deceive consumers into believing they are purchasing genuine products.
Passing Off
Although not a direct infringement of a registered trademark, passing off involves misleading consumers into believing that goods or services offered by one party are those of another. This can be a basis for legal action if it causes harm to the goodwill of the trademark owner.
Dilution
This occurs when a trademark’s distinctiveness or reputation is weakened due to unauthorized use. For instance, using a famous trademark in a way that diminishes its uniqueness or tarnishes its reputation can be considered dilution.
Unfair Competition
This includes any deceptive or unethical business practices that harm the reputation or business interests of the trademark owner, such as misleading advertising or misrepresentation of products/services.
Government Fees
Filing a Complaint: The fee for filing a trademark infringement complaint with the Ministry of Economy or the UAE courts can vary. It typically ranges from AED 1,000 to AED 5,000, depending on the complexity of the case.