Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Trademarks
1.
Legal framework
1.1
What is the statutory or other source of trademark rights?
 
United Arab Emirates
No answer submitted for this question.
1.2
How do trademark rights arise (ie, through use or registration)?
 
United Arab Emirates
No answer submitted for this question.
1.3
What is the statutory or other source of the trademark registration scheme?
 
United Arab Emirates
No answer submitted for this question.
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
 
United Arab Emirates
No answer submitted for this question.
2.2
What are the requirements for a designation or other identifier to function as a trademark?
 
United Arab Emirates
No answer submitted for this question.
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
 
United Arab Emirates
No answer submitted for this question.
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
United Arab Emirates
No answer submitted for this question.
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
United Arab Emirates
No answer submitted for this question.
3.3
Does the trademark office use the Nice Classification scheme?
 
United Arab Emirates
No answer submitted for this question.
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
United Arab Emirates
No answer submitted for this question.
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
United Arab Emirates
No answer submitted for this question.
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
United Arab Emirates
No answer submitted for this question.
3.7
What types of examinations does the trademark office perform other than relative examination?
 
United Arab Emirates
No answer submitted for this question.
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
United Arab Emirates
No answer submitted for this question.
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
United Arab Emirates
No answer submitted for this question.
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
United Arab Emirates
No answer submitted for this question.
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
United Arab Emirates
No answer submitted for this question.
3.12
How much time does it typically take from filing an application to the first office action?
 
United Arab Emirates
No answer submitted for this question.
3.13
How much time does it typically take from filing an application to publication?
 
United Arab Emirates
No answer submitted for this question.
4.
Appeals
4.1
If the trademark office refuses registration, can the applicant appeal? If so, to what body and by what procedure?
 
United Arab Emirates
No answer submitted for this question.
4.2
What is the procedure for appealing a trademark office refusal?
 
United Arab Emirates
No answer submitted for this question.
4.3
Can the reviewing body’s decision be appealed? If so, to what body and by what procedure?
 
United Arab Emirates
No answer submitted for this question.
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
United Arab Emirates
No answer submitted for this question.
5.2
Who has standing to oppose a trademark application?
 
United Arab Emirates
No answer submitted for this question.
5.3
What is the timeframe for opposing a trademark application?
 
United Arab Emirates
No answer submitted for this question.
5.4
Which body hears oppositions?
 
United Arab Emirates
No answer submitted for this question.
5.5
What is the process by which an opposition proceeds?
 
United Arab Emirates
No answer submitted for this question.
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
United Arab Emirates
No answer submitted for this question.
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
 
United Arab Emirates
No answer submitted for this question.
6.2
What legal rights are conferred by a trademark registration?
 
United Arab Emirates
No answer submitted for this question.
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
 
United Arab Emirates
No answer submitted for this question.
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
United Arab Emirates
No answer submitted for this question.
7.2
What remedies are available against trademark dilution?
 
United Arab Emirates
No answer submitted for this question.
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
United Arab Emirates
No answer submitted for this question.
7.4
What is the procedure for pursuing claims for trademark infringement?
 
United Arab Emirates
No answer submitted for this question.
7.5
What typical defences are available to a defendant in trademark litigation?
 
United Arab Emirates
No answer submitted for this question.
7.6
What is the procedure for appealing a decision in trademark litigation?
 
United Arab Emirates
No answer submitted for this question.
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
United Arab Emirates
No answer submitted for this question.
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
United Arab Emirates
No answer submitted for this question.
8.3
What are the grounds for cancelling a trademark registration?
 
United Arab Emirates
No answer submitted for this question.
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
United Arab Emirates
No answer submitted for this question.
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
United Arab Emirates
No answer submitted for this question.
8.6
What is the procedure for appealing a decision cancelling a registration?
 
United Arab Emirates
No answer submitted for this question.
9.
Licensing
9.1
Are there particular requirements, such as quality control by the licensor, for a trademark licence to be valid?
 
United Arab Emirates
No answer submitted for this question.
9.2
Must trademark licences be recorded with the trademark office or other governing body?
 
United Arab Emirates
No answer submitted for this question.
9.3
Can a licensor lose its rights in a trademark by failing to comply with its obligations under the licence, such as maintaining quality control?
 
United Arab Emirates
No answer submitted for this question.
10.
Protection of foreign trademarks
10.1
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?
 
United Arab Emirates
No answer submitted for this question.
10.2
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?
 
United Arab Emirates
No answer submitted for this question.
Contributors
United Arab Emirates