Trademark Ownership (Part 2)

There is a misconception between people that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants an ownership over a trademark, but the use of the trademark.

Registering the trademark is regarded as a presumption that implies a person who submitted the request for registration is the first to use such trademark. Nevertheless, that presumption can be rebutted by a third party proving that he/she was previously using the same trademark. UAE Trademarks law stipulates that "the ministry and whoever involved shall have the right to ask for judging with striking out the trademark which may be registered with no right and the ministry shall strike out the registration whenever a final judgment is presented to it in the executive form".