Comparative Guides

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4. Results: Answers
Trademarks
1.
Legal framework
1.1
What is the statutory or other source of trademark rights?
United Arab Emirates

Answer ... The Federal Trademarks Law (8/2002) governs the trademark system in the United Arab Emirates. However, this law should be replaced by the Gulf Cooperation Council Trademark Law in the near future.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
1.2
How do trademark rights arise (ie, through use or registration)?
United Arab Emirates

Answer ... Trademark rights in the United Arab Emirates are acquired through registration. A registered trademark owner can enforce its registered rights against infringers. In certain cases prior use can be used to claim earlier rights over a trademark; however, such claim must be made in a dispute over trademark ownership. As long as the trademark is registered, it can be enforced against a prior use claimant.

It is difficult to enforce unregistered trademark rights in the United Arab Emirates, except where the unregistered mark is also a well-known mark.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
1.3
What is the statutory or other source of the trademark registration scheme?
United Arab Emirates

Answer ... The United Arab Emirates is a member of the Paris Convention and the Agreement on Trademark Related Aspects of Intellectual Property Rights; as such, it is bound by the mandatory provisions of protection granted to trademarks.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
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Topic
Trademarks