{"id":136614,"date":"2026-04-08T12:45:21","date_gmt":"2026-04-08T12:45:21","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=136614"},"modified":"2026-04-08T12:45:21","modified_gmt":"2026-04-08T12:45:21","slug":"united-arab-emirates-trademark-disputes","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/united-arab-emirates-trademark-disputes\/","title":{"rendered":"United Arab Emirates: Trademark Disputes"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-136614","comparative_guide","type-comparative_guide","status-publish","hentry","guides-trademark-disputes","jurisdictions-uae"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">United Trademark &amp; Patent Services<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/02\/UTMPSLogoGreenBlack_page-0001.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">United Trademark &amp; Patent Services<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/02\/UTMPSLogoGreenBlack_page-0001.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Trademark Disputes laws and regulations applicable in United Arab Emirates<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To represent a client before Court in respect of a potential trademark infringement matter, do you require a Power of Attorney \u2013 and if so, what are the execution formalities required by your courts?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A legalized POA, up to the UAE consulate from the client\u2019s country would be required to represent a client before the Court in respect of a potential trademark infringement matter.<\/p>\n<p>Upon receipt of the original legalized POA, we undertake the requisite formalities in the UAE, which include translating the document into Arabic and carrying out the required local legalization procedures before the Ministry of Foreign affairs.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it a requirement in your jurisdiction to send a cease and desist letter to a potential infringer before commencing proceedings for infringement? What are the consequences for a trademark owner who chooses not to send a pre-action letter?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the United Arab Emirates (UAE), it is not a statutory requirement to issue a cease and desist letter to a potential infringer before initiating legal proceedings for trademark infringement. A trademark owner retains the right to proceed directly with litigation before the competent UAE courts without first engaging the alleged infringer through pre-action correspondence. However, despite the absence of a legal obligation, the practice of sending a cease and desist letter remains a widely adopted and recommended approach within the jurisdiction.<\/p>\n<p>A formal pre-action notice serves several practical and strategic purposes. Primarily, it provides the infringer with an opportunity to voluntarily cease the infringing activity, thereby potentially resolving the dispute amicably and avoiding costly and time-consuming litigation. Furthermore, such a notice may prompt constructive dialogue between the parties, facilitating an early settlement. From a procedural standpoint, the cease and desist letter also acts as documented evidence that the trademark owner made reasonable efforts to settle the matter extrajudicially, which may be viewed favorably by the court as an indication of good faith conduct.<\/p>\n<p>Additionally, serving a pre-action notice establishes clear and formal communication to the infringer, eliminating any claim of ignorance regarding the alleged infringement. This can strengthen the trademark owner\u2019s position, particularly if the infringer continues its unlawful activities after being put on notice, thereby demonstrating willful infringement and potentially supporting a claim for enhanced damages.<\/p>\n<p>There is another option available in UAE, which is to serve the Notice letter as bilingual through the Court Notary in UAE. It is usually an effective way and the adverse party takes it more seriously as the letter bears the stamp of the court and is taken as a preliminary action before actual litigation commences.<\/p>\n<p>Conversely, choosing not to send a cease and desist letter before commencing proceedings carries no direct legal penalties or adverse procedural consequences under UAE trademark law. However, it may limit the trademark owner\u2019s ability to establish pre-litigation evidence of the infringer\u2019s knowledge and bad faith. Moreover, the absence of prior notice may, in certain cases, be perceived by the court as a missed opportunity for amicable resolution, particularly if the infringement could have been promptly remedied upon notification.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction, is there a risk that a pre-action letter could give rise to claim against the trademark owner for unjustified threats? What steps should a trademark owner take to ensure any cease and desist letter does not expose the trademark owner to any liability.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the United Arab Emirates (UAE), there is no specific statutory provision allowing an alleged infringer to bring a claim against a trademark owner for unjustified threats arising from a pre-action letter. However, such letter shall be based on the trademark owner rights, non-defamatory, and does not amount to unfair competition.<\/p>\n<p>To mitigate any potential risk, the letter should clearly set out the basis of the trademark owner\u2019s rights, provide objective details of the alleged infringement, and claims\/demands which are reasonable to be requested for such infringement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it mandatory for the parties to have attempted mediation or other alternative dispute resolution proceedings prior to commencing infringement proceedings? If so, what is the minimum expectation?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the United Arab Emirates (UAE), it is not mandatory for parties to attempt mediation or alternative dispute resolution (ADR) before initiating trademark infringement proceedings. Trademark owners may directly file a claim before the competent courts or relevant authorities without any pre-litigation ADR requirement.<\/p>\n<p>However, in the Emirate of Dubai, the Dubai Courts issued Circular No. 9\/2021 mandating that a technical report prepared by an authorized expert must be submitted when filing a statement of claim before the Court in relation to intellectual property claims; otherwise, the claim may not be accepted.<\/p>\n<p>Therefore, an application before the \u201cCentre for Amicable Settlement of Disputes\u201d is typically filed before resorting to the Court in order to obtain an expert report in the matter, after attending the meetings and sessions scheduled by the center.<\/p>\n<p>Accordingly, the minimum procedural expectation in Dubai is the submission of an expert report issued through the Centre for Amicable Settlement of Disputes before filing the substantive claim before the Court.<\/p>\n<p>After obtaining the expert report, the substantive claim before the Court can be initiated. The time frame for rendering the first instance judgment is approximately 6\u20138 months.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are claims for trademark infringements heard before a general commercial Court or a specialist Court focused on Intellectual Property disputes? Are trademark infringement claims decided by a judge or by a jury?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specialized Intellectual Property (IP) courts dedicated exclusively to trademark disputes; therefore, the trademark infringement claims are heard before the general civil and commercial courts.<\/p>\n<p>The trademark infringement matters are decided by the Judge, as juries are not part of the UAE judicial system.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a time limit for commencing trademark infringement proceedings once the facts giving rise to the infringement are known to the trademark owner. After how long would such a claim be time-barred? What action would a trade mark owner have to know to give rise to such a claim being time-barred (for example, is it knowing that a mark in question is in use or is it knowing that a trade mark application has been filed and\/or registered?)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the laws of the United Arab Emirates (UAE), there is no specific statutory limitation period exclusively governing trademark infringement claims under the UAE Trademark Law (Federal Decree-Law No. 36 of 2021).<\/p>\n<p>As a general principle, trademark owners may initiate infringement proceedings as long as the infringing activity is ongoing. In practice, infringement is considered a continuous violation, and therefore the right to bring a claim generally remains available while the unlawful use persists.<\/p>\n<p>However, it should be noted that Article 18 of the UAE Trademark Law provides that where a trademark has been registered and used continuously for a period of five (5) consecutive years without any legal challenge, the validity of such registration may no longer be contested, unless it can be demonstrated that the registration was made in bad faith.<\/p>\n<p>Accordingly, where a trademark owner becomes aware that a conflicting mark has been registered and used, failure to challenge such registration within the five-year period may limit the ability to later seek cancellation of the registered mark on relative grounds.<\/p>\n<p>Nevertheless, this limitation relates primarily to challenging the validity of the registered trademark itself, and does not necessarily prevent a trademark owner from pursuing claims based on unlawful use, unfair competition, or bad faith, depending on the specific circumstances of the case.<\/p>\n<p>In this regard, the relevant knowledge giving rise to the potential time bar would generally be the awareness of the registration and actual use of the conflicting mark in the market, rather than merely the filing of a trademark application.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction does the law protect unregistered trademarks of any kind, including by way of passing off, unfair competition or protection of trade dress. What are the criteria for their subsistence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The unregistered trademarks may be protected under unfair competition provisions if the mark has been used in the market and acquired fame or distinctiveness.<\/p>\n<p>Accordingly, the unfair competition principles can safeguard unregistered marks, trade dress, if the owner can demonstrate that the mark is well-known or has established a reputation in the UAE, and that the infringer\u2019s actions cause confusion or unfairly exploit this reputation\/causing damages.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction will the Court hear claims for registered trademark infringement in parallel with claims for passing off,unfair competition, infringement of trade dress or other misleading advertising, or does a claimant need to bring such claims in a separate cause of action?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The claims for trademark infringement, unfair competition, trade dress infringement, and misleading advertising may be brought together in a single action, provided they arise from the same facts, allowing the court to consider them concurrently.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction, do your Courts share jurisdiction with your Trade Mark Office, such that parties need to seek to seize the forum they prefer first in time, or does the Court take precedence and intervene to stay or transfer any live Registry proceedings (for example relating to invalidity or revocation of registered trade mark) which may overlap with an issued infringement claim and related counterclaim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>If a trademark matter is decided by the UAE Trademark Office, for example an opposition matter, the decision of the UAE Trademark Office is appealable before the trademark committee, which is further appealable to the Court of First Instance.<\/p>\n<p>In the UAE, the actions such as infringement claims, non-use cancellation action, cancellation action by the owner of a well-known trademark against the trademark registered in bad faith, are filed before the Ministry of Economy of the UAE, by virtue of Article 24 of the UAE Trademark Law No. 36 of 2021. The first jurisdiction is held by this Federal Ministry. If a matter is decided by the Ministry, then the decision is appealable before the Court of First Instance, which is the higher Authority of appeal.<\/p>\n<p>The Court will not intervene to stay or transfer any live Registry proceedings and\/or Ministry proceedings, which may overlap with an issued infringement claim and related counterclaim. If such a situation arises, parties may submit a request to the Trademark Office and\/or Ministry to suspend the decisions in the live matters before them, while informing them about the proceedings before the Court, which might ultimately affect the decisions in the proceedings before the Trademark Office and\/or the Ministry. Please note that although the parties have the provision to submit the request, but the discretion to entertain the request, lies with the concerned officials.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where the defendant has a counterclaim for invalidity or cancellation of the registered trademark being asserted against it (either on the basis of earlier rights or as a result of non-use by the trademark proprietor), does the counterclaim become part of the infringement action, so that both issues are heard by the same Court within a single action, with the Court making a determination at its conclusion, or are the validity issues bifurcated and heard in separate parallel proceedings? If in your jurisdiction validity issues are bifurcated, what are the practical consequences of this from a timing perspective? For example, does this mean that a Court will stay the infringement claim and proceed with the validity attack first to avoid finding a trademark infringed, only to have a separate Court find the trademark invalid at a later date?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the UAE, the actions such as invalidity or cancellation of the registered trademark, non-use cancellation action, are filed before the Ministry of Economy of the UAE, by virtue of Article 24 of the UAE Trademark Law No. 36 of 2021, and not before the Court.<\/p>\n<p>If such parallel proceedings connected to each other, do take place, the Court may, at its own discretion stay the Court proceedings, until the invalidation decision is issued by the Ministry. We need to bear in mind that the decision by the Ministry, is appealable before the Court.<\/p>\n<p>When the matter reaches the Courts by way of appeals, the matters will be entertained by different Courts and will not be consolidated as one proceeding, although it may be interrelated. However, as per our experience in the UAE, the UAE courts may not choose to suspend and\/or do not keep a matter suspended for too long, as they prefer to decide the cases as early as possible.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction, does a defendant have a defence of using a mark honestly and concurrently available to them?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the UAE, a defendant generally does not have a specific, statutory defence of &#8220;honest and concurrent use&#8221; in trademark infringement litigation.<\/p>\n<p>While not a statutory defence to a registered mark, a defendant with prior use may:<\/p>\n<p>File for Invalidation: A prior user might attempt to invalidate the opponent&#8217;s trademark registration by proving the registration was made in bad faith or by demonstrating the mark was well-known, though this is a complex litigation process.<\/p>\n<p>Show Incontestability Breach: If a registered mark has been in use for five continuous years without challenge, the rights in the mark become incontestable unless the registrant is proven to have acted in bad faith.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">When considering the validity of a registered trade mark, does the Court consider whether the trade mark has been registered in bad faith? If so, what actions would indicate this bad faith?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Courts will not contest the validity of a registered trademark suo-moto, unless such claim of bad faith is made by a third party, challenging the validity of a registered mark.<br \/>\nIf such claim is made, the UAE courts and the Ministry of Economy explicitly consider whether a trademark was registered in bad faith (mala fide). Proving bad faith is a critical exception to the &#8220;five-year immunity&#8221; rule, which normally prevents ownership disputes once a mark has been registered and used continuously for five years.<\/p>\n<p>Actions Indicating Bad Faith:<\/p>\n<p>While the law does not provide an exhaustive list, UAE court precedents and the 2021 Decree-Law identify several key indicators of bad faith:<\/p>\n<p>Breach of Fiduciary or Contractual Duty: Registering a mark by an agent, distributor, representative, or business partner of the true owner without their explicit authorization.<\/p>\n<p>Knowledge of Prior Use: Applying for a mark that is identical or confusingly similar to one already being used by a third party, particularly if the applicant was aware of that use through prior dealings.<\/p>\n<p>Targeting Well-Known Marks: Registering a mark that has &#8220;worldwide fame&#8221; with the intent to capitalize on its reputation or prevent the original owner from entering the UAE market.<\/p>\n<p>Trademark Squatting: Registering multiple marks with no genuine intention to use them, often to block competitors or extract &#8220;ransom&#8221; payments for an assignment of rights.<\/p>\n<p>Misleading Information: Providing false or deceptive statements during the application process regarding the origin or characteristics of the goods.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If the main objective in commencing infringement proceedings is to secure an injunction, is a claimant required to state how much their claim is worth at the point their claim is issued?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Although in practicality financial damages may not be possible to be ascertained, however the claimant will have to submit an estimation of the losses that he has faced due to the infringement of his trademark by the defendant. Based on the claim made by the claimant, the court fees are determined by the Court, before the proceedings begin. Hence the claimant is required to state the claim amount.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to seek a preliminary injunction in your jurisdiction? If so, what is the criteria a trademark owner needs to establish and is there a bond or other undertaking in damages payable to compensate the defendant if the Court finds no infringement following a substantive hearing?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, it is possible to request for a preliminary injunction before the UAE Courts.<br \/>\nThe Trademark Law provides for the possibility for trademark owners to obtain an attachment order on an ex parte basis from a judge of urgent matters. An attachment order results in the seizure of the specific goods contained in the order. An attachment order can be a useful way for a litigant to gather evidence before filing a civil case.<\/p>\n<p>A trademark registration certificate is a statutory prerequisite for obtaining such an order, unless the mark in question is famous. The party seeking the order also must pay an adequate financial security prior to the order being issued.<\/p>\n<p>For a preliminary injunction, the petitioner must show the following three elements:<\/p>\n<p>A prima facie right to enforce the trademark, by virtue of being owner of the trade-mark registration.<br \/>\nApprehension of irreparable harm if injunction is not granted.<br \/>\nBalance of harm in favor of the petitioner.<\/p>\n<p>The standard of proof is that of a high probability of harm to the petitioner, including to the value of the trademark, and the petitioner&#8217;s reputation associated with it.<\/p>\n<p>When the Court will issue an injunction order for the seizure of the products, the Court may appoint an expert, who will evaluate the value of the seized products, after which the Court will instruct the claimant to deposit a financial security or a bank security deposit or an undertaking that he will pay the compensation to the defendant, in case the matter is decided in the favour of the other party, and his allegations are found incorrect.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is a licensee (whether exclusive or non-exclusive) of a registered trademark entitled to commence proceedings for trademark infringement? Does the trademark proprietor need to be joined as a party to the proceedings, and does it have an effect whether the licensee is registered before the local Trademark Registry?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. The licensee of a registered trademark is entitled to commence proceedings for trademark infringement. The trademark proprietor need not be joined as a party to the proceedings. However, it is mandatory that the license is recorded\/registered before the UAE Trademark Office. An unrecorded licence does not have an effect against third parties and therefore, there is a tricky statutory limitation to enforce such rights against third parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Where the claim for trademark infringement is premised on similarity between the defendant\u2019s mark and the trademark owner\u2019s registered mark, does the proprietor need to demonstrate that confusion has occurred or simply that there is a risk of confusion? What is the minimum standard required to secure a finding of infringement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Where the claim for trademark infringement is premised on similarity between the defendant\u2019s mark and the trademark owner\u2019s registered mark, it is not mandatory for the proprietor to demonstrate that confusion has occurred, even if he can sufficiently prove that the degree of confusion is of such that there is a risk of confusion among the consumers this would be a basis for the Court to decide on the infringement case.<\/p>\n<p>The minimum standard required to secure a finding of infringement, is that the infringers mark when compared as a whole, is confusingly similar to the claimant\u2019s mark, so much so that it is causing or it may cause confusion in the minds of the general consumers.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction is it possible to rely on post-sale confusion as a means of securing a finding of trade mark infringement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the UAE legal framework, infringement is established when a third party uses an identical or similar mark that is likely to &#8220;mislead the public&#8221; or &#8220;cause confusion&#8221;.<\/p>\n<p>UAE law does not require proof of actual confusion at the point of sale; demonstrating a risk of confusion among the general public is sufficient to secure an infringement finding. However, if there is substantial proof of post- sale confusion, then it can be a stronger means of finding a basis for initiating an infringement action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction what type of disclosure or discovery is typically ordered by the Court in respect of trademark infringement actions from both parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the UAE, there are no disclosure or discovery obligations as understood in common law jurisdictions.<\/p>\n<p>A party to litigation is under no duty to disclose evidence to the court, particularly if such evidence is adverse to its position. Parties may choose to submit only documentation or information that supports their case.<\/p>\n<p>However, the Court may appoint an expert to examine the dispute. The expert may hold hearings, review evidence, request additional documents from both parties, conduct independent investigations, and prepare an expert report to provide an opinion to the Court.<\/p>\n<p>Although the expert report may guide the Court and is advisory rather than binding, courts usually follow the report, given the expert\u2019s specialization in the subject.<\/p>\n<p>Both parties may submit memoranda supporting or challenging the expert\u2019s opinion during the appointed court hearings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What type of expert evidence is permitted by the Court in your jurisdiction? Does the Court accept consumer surveys and are there specific rules about how consumer surveys are conducted. Do the parties need to request prior permission from the Court to adduce survey evidence?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The UAE courts accept a wide range of documentary and factual evidence relevant to the dispute. Commonly submitted evidence includes:<\/p>\n<ul>\n<li>Copies of trademark registration certificates (often from the GCC and other jurisdictions);<\/li>\n<li>Evidence of prior and continuous use (invoices, bills of lading, letters of credit, sales records, promotional materials such as catalogues, brochures, advertisements, etc.).<\/li>\n<\/ul>\n<p>Consumer surveys are not a standard or heavily relied-upon form of evidence in UAE trademark proceedings. Unlike in other jurisdictions, surveys play a limited role in establishing fame, reputation, or likelihood of confusion. Parties may nevertheless submit consumer survey evidence if they consider it relevant; however, no specific legal rules govern the methodology or conduct of such surveys, and courts assess them on a case-by-case basis alongside other evidence.<\/p>\n<p>Prior permission from the court is not required to submit survey evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Does evidence submitted by your client in trademark infringement proceedings have to be accompanied with a statement of truth or other similar declaration?  Which party is typically responsible for signing the statement of truth (or similar), the entity itself or the entity's representatives?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No. Evidence submitted in trademark infringement proceedings before UAE courts does not need to be accompanied by a statement of truth, affidavit of truth, or any equivalent formal declaration. This is not a requirement under UAE civil procedure or trademark practice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction is it possible for a claimant to seek summary judgment and\/or strike out of an infringement claim? What are the legal criteria for a Court to grant summary judgment?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the UAE, only the DIFC Courts and ADGM Courts (which operate under common-law principles) permit applications for summary judgment.<\/p>\n<p>In the mainland UAE courts (which handle the majority of trademark infringement cases), there is no general summary judgment or strike out of an infringement claim procedure that is equivalent to that found in common-law systems.<\/p>\n<p>In mainland UAE courts, the closest equivalent mechanism is the procedure for provisional measures under Articles 47 and 48 of Federal Decree-Law No. 36 of 2021. This allows a trademark owner to apply to the court of Summary Justice for urgent orders (e.g., a detailed description of infringement, seizure of goods, preservation of evidence, or preventing entry into commercial channels). Such orders may be granted within 10 days if the applicant demonstrates a prima facie right, imminent infringement or irreparable harm, and provides sufficient evidence and (usually) a financial guarantee.<\/p>\n<p>This is according to Articles 47 and 48 of Federal Decree-Law No. 36 of 2021, which states that a trademark owner can request the Civil Court to impose provisional measures to stop or prevent infringement, including seizing infringing goods, materials, and profits, blocking their sale or export, describing the infringement, and preserving evidence. The court may act urgently without notifying the other party if delay risks harm or evidence loss, and the defendant can challenge the order within 15 days. A financial guarantee may be required to prevent abuse, and the rights holder must file a full lawsuit within 20 days, or the order may be cancelled. The owner may also claim compensation for damages from infringement under general civil law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take to reach judgment in a trademark infringement action from issue of the claim, through to first instance decision? What is the lower and upper range of legal costs for such an action?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>First-instance proceedings in a trademark infringement action typically take 5 to 10 months from filing the claim to judgment. The duration may extend beyond this range if the court-appointed expert delays submission of the report or if the parties request the appointment of a replacement expert.<\/p>\n<p>Legal costs (including attorney fees) generally range from approximately USD 20,000 to USD 40,000, depending on the complexity of the case, the number of hearings, and the extent of expert involvement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Following a first instance decision, is it possible for either party to appeal the decision? What are the grounds upon which an appeal can be lodged? Is it necessary to request permission to appeal, or are appeals automatically permissible? If either party file an appeal, is the enforcement of the first instance decision stayed pending the outcome of the appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Either party may appeal a judgment of the Court of First Instance to the Court of Appeal within thirty (30) days. Appeal proceedings typically take between three and six months.<\/p>\n<p>Appeals are available as of right under Article 161 of Federal Decree-Law No. 42 of 2022 (Civil Procedure Code); no leave to appeal is required.<\/p>\n<p>The core bases for appeal generally include errors of law or fact \u2014 for example, misapplication of trademark law, improper assessment of mark similarity, flawed likelihood-of-confusion analysis, or failure to consider material evidence or binding precedent. Appeals may also be grounded in procedural defects, such as denial of due process, improper evidentiary rulings, or lack of proper notice. In limited circumstances, newly discovered evidence that could materially affect the outcome may also be raised.<br \/>\nOnce an appeal is filed, enforcement of the first-instance judgment is automatically stayed, as only final judgments are enforceable pending exhaustion of appellate remedies.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If the parties have been involved in a dispute before the local Trademark Office, what relevance does this have on later infringement proceedings? For example where trademark owner (A) may have already sought to oppose the registration of a third party (B\u2019s) mark in proceedings before the local Trade Mark Office, is the trademark owner estopped from seeking invalidity of a registered trade mark where its opposition failed where the invalidity action is based on the same grounds as the unsuccessful opposition?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Federal Decree-Law No. 36 of 2021 on Trademarks (the current UAE Trademark Law), opposition and invalidity proceedings are distinct administrative processes handled by the Ministry of Economy (Trademark Office).<\/p>\n<p>Opposition proceedings occur pre-registration: following publication of a trademark application in the Ministry&#8217;s Bulletin, any interested party may file an objection within 30 days (Article 15). The Ministry decides on the objection per procedures in the Executive Regulations, with decisions appealable to the Grievance Committee and then to the competent court.<\/p>\n<p>Invalidity (often termed cancellation or deregistration) is a post-registration action under Article 24, which provides grounds such as non-use for five consecutive years, violation of the law&#8217;s provisions, or other cases specified in the Executive Regulations. Applications are filed with the Ministry, subject to similar procedural steps and appeal mechanisms.<\/p>\n<p>The UAE Trademark Law does not explicitly address whether a failed opposition precludes a subsequent invalidity action on identical grounds. However, in practice, the trademark owner who unsuccessfully opposed registration may file an invalidity action, however, the decision will not be in his favour for seeking invalidity of the now-registered mark where the invalidity action relies on the same grounds as the unsuccessful opposition.<\/p>\n<p>This estoppel principle is rooted in administrative and judicial practice, preventing re-litigation of the same issues before the Ministry or courts, consistent with finality in administrative decisions (subject to appeal). If the opposition failed after full consideration of evidence and arguments, the decision binds the parties on those specific grounds.<\/p>\n<p>Regarding relevance to later infringement proceedings: a prior opposition decision may serve as evidence in civil infringement actions before the courts, particularly on issues like likelihood of confusion or prior rights. If the trademark owner (A) initiates infringement proceedings against the registered party (B), but seeks to challenge B&#8217;s mark&#8217;s validity on the same grounds as the failed opposition, estoppel would likely bar that challenge, so he may file the invalidity action, but the decision will not be in his favour.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In your jurisdiction, does the Court consider both liability and quantum within the same proceeding, or will any damages be assessed after the Court has reached a decision on liability? How are damages for trademark infringement proceedings typically assessed in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the UAE, courts may address liability and quantum together, but a claimant may pursue damages separately after liability is established. This approach allows more time to present evidence on material and emotional losses, with an expert appointed to assess the damages.<\/p>\n<p>Under Article 48 of Federal Decree-Law No. (36) of 2021 on Trademarks, a trademark owner harmed by infringement may file a lawsuit seeking compensation in line with general civil law principles.<\/p>\n<p>Damages are typically assessed based on actual harm, including lost profits\u2014evaluated through financial records and market impact\u2014unjust enrichment of the infringer, reputational and goodwill damage to the brand, and expert reports from financial or trademark specialists to quantify the losses accurately.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In addition to an injunction and damages, what other remedies are available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In the UAE, statutory and punitive remedies under Federal Law No. 36 of 2021 on trademarks provide robust enforcement mechanisms beyond civil compensation, including fines and imprisonment. Article 49 imposes imprisonment and fines ranging from AED 100,000 to 1,000,000, or either penalty, for forging or counterfeiting registered trademarks, using counterfeit marks commercially, applying others\u2019 trademarks in bad faith, possessing tools for forgery, or knowingly importing\/exporting counterfeit goods. Article 50 prescribes penalties of up to one year\u2019s imprisonment and fines between AED 50,000 and 200,000 for selling, offering, or possessing goods with forged or imitated trademarks or unlawfully using unregistered marks in a way that suggests registration. Article 51 doubles penalties for repeat offenders and allows courts to order facility closure and confiscation of tools and materials used in the offense. Under Article 52, courts may also mandate publication of the conviction at the infringer&#8217;s expense.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Following a decision on the merits, is the winner entitled to recover all or a portion of its legal costs incurred in bringing or defending the proceedings. If legal costs are recoverable, what is the procedure involved and how does the Court assess the level of legal costs which should be reimbursed by the losing party.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The winning party can recover a portion of legal costs, but not the full amount, as the award is at the court\u2019s discretion.<\/p>\n<p>The costs must be explicitly requested in the statement of claim by the claimant. Court fees, expert fees, and administrative expenses are generally fully recoverable, while lawyer fees are limited, often minimal, regardless of actual expenses.<\/p>\n<p>Moreover, clear contractual fee clauses are increasingly enforced, and courts consider reasonableness, documentation, and party conduct when assessing costs, with excessive or unnecessary costs potentially reduced.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Once the Court has issued a judgment, how long typically does the losing party have to comply with the Court\u2019s judgment including any final injunction issued? What are the consequences for failing to comply and how would the winning party seek enforcement of its judgement.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Once a trademark infringement judgment is issued, compliance, whether ceasing the infringement or paying damages, must be prompt.<\/p>\n<p>If the losing party does not voluntarily pay monetary awards, the winning party may initiate execution proceedings by submitting the judgment to the court\u2019s Execution Department with proof of service.<br \/>\nTypically, the execution notice specifies a payment deadline of around 30 days. Failure to comply can trigger compulsory enforcement, including seizure of assets, garnishment of bank accounts, or even detention, and may increase civil liability through additional damages or interest.<\/p>\n<p>Hence, the UAE courts treat IP enforcement seriously, making timely action through official channels critical.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5480<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/136614","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=136614"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}