Trademark infringement is unauthorized or illegal use of a trademark that violates an individual’s exclusive right over the trademark.
The level of infringement relates to the similarity between the deceptive similar mark and original trademarks. A trademark lawyer can offer trademark search services, to avoid registration of a trademark similar or identical to the registered mark. A lawyer in UAE can also offer services to report a trademark infringement and to maintain the protection of the trademark.
Trademark Protection in UAE
Every company requires to protect its trademark from infringement. Trademark protection refers to protecting the trademark rights from counterfeiting and infringement. There are a few points that can be taken into consideration to prevent infringement of the trademark.
Initial steps to prevent a Trademark Infringement in UAE
Legal notice can be served to the alleged person infringing your registered and protected trademark. The legal notice can be in the form of a ‘Cease and Desist’ Letter that informs the alleged party to stop the illegal and unauthorized use of the previously registered trademark and not to resume the usage in the future.
A case can be filed to the Ministry of Economy, wherein a committee handles trademark infringement cases. The judge of the committee can declare their decision in the case. If the claimant does not agree with the decision; the claimant may bring an appeal of the decision to the Court of First Instance, after which a further appeal can be heard in the Court of Appeal. The decision of the Court of Appeal can be appealed to the Court of Cassation. However, the judgement passed in the Court of Cassation will be final and binding on both parties.
In both these methods, it is advisable to appoint a trademarks litigation lawyer that can assist you with the arbitration and litigation process.
6 possible defenses for an alleged Infringement
Penalties imposed by law for Infringement in UAE
The following Articles of the Federal Law No 37 of 1992, specify the penalties imposed on the party for infringement.
Remedies offered to a party after Infringement of their trademark in UAE
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