Trademark Disputes in the UAE: Common Issues and Options
Trademark disputes arise when two parties claim rights in the same or a similar mark, or when someone uses a mark without permission. Resolution depends on who has the stronger rights and what the other party is doing.
This guide describes the common situations and options without predicting outcomes.
Common situations
- A competitor applies for a similar mark
- Someone sells goods with a confusingly similar name or logo
- A distributor registers your mark in its own name
- A former licensee continues using the mark after termination
First: establish your rights
Check the registration status, filing dates, classes and ownership of your mark and the other party's. Gather evidence of your use, sales and reputation. Priority and registration usually matter, but facts of use can also be relevant.
Options
- Opposition to a pending application within the allowed period
- Cancellation action in appropriate cases
- A cease-and-desist letter setting out your position
- Negotiation of coexistence or licence terms
- Complaints to the competent authorities or court proceedings for infringement
Evidence of confusion
Examples of customers confused by the similarity, such as misdirected orders or enquiries, can be helpful. Keep a record.
Timing
Opposition periods and limitation rules apply, so act promptly once a conflict is discovered.
Cross-border dimension
Online sales may involve parties abroad, which can complicate enforcement.
How a consultation can help
A consultation can review the registrations and evidence, outline options and help draft correspondence. Court proceedings involve licensed advocates or other authorised professionals, and results cannot be guaranteed.
Frequently asked questions
Can I stop a company using a similar name?
It depends on your rights, the similarity and the goods or services involved. Review before sending a demand.
Should I send a cease-and-desist letter immediately?
Consider timing and wording, because an aggressive letter can provoke a counter-claim.
What if my distributor registered my mark?
Check the distribution agreement and the registration details. Remedies depend on the contract and law.
Related guides and services
- Trademark Registration in the UAE: Key Points
- Brand Protection for UAE Businesses: A Practical Strategy
- Trademark Agreements in the UAE: Licence, Assignment and Coexistence
- Intellectual Property – all guides
- Intellectual Property
- Commercial Litigation Support
General information only. Please read our Legal Disclaimer.