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.

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4. Results: Answers
Protection of foreign trademarks
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?
United Arab Emirates

Answer ... A foreign trademark can be enforced in the United Arab Emirates if it qualifies as a well-known mark and its reputation extends to the United Arab Emirates. The law requires that the trademark have an international reputation which extends beyond the borders of the original country in which it is registered. The law also provides that the degree of knowledge or recognition of the mark among the relevant sector of the public is essential in determining how famous the trademark is.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?
United Arab Emirates

Answer ... The United Arab Emirates is not a member of the Madrid System. Foreign registrations may help to overcome certain objections during the registration process; however, an applicant cannot claim a foreign registration as a matter of right to register the same trademark in the United Arab Emirates.

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