Comparative Guides

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4. Results: Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
United Arab Emirates

Answer ... Yes, under the UAE Trademarks Law, accepted applications can be opposed within 30 days of the last publication. Oppositions can be filed based on earlier trademark rights, including both earlier applications and earlier registrations. Oppositions can also be filed based on unregistered trademark rights – for example, prior use or a well-known mark. Oppositions based on absolute grounds can also be filed, although this is rare in practice.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.2
Who has standing to oppose a trademark application?
United Arab Emirates

Answer ... Any interested party can file an opposition against a published trademark. Interest can be established based on earlier trademark rights, including both earlier applications and earlier registrations, or on prior use or a well-known mark. Oppositions based on absolute grounds can also be filed, although this is rare in practice.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.3
What is the timeframe for opposing a trademark application?
United Arab Emirates

Answer ... Oppositions must be filed within 30 days of publication. This deadline cannot be extended.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.4
Which body hears oppositions?
United Arab Emirates

Answer ... The opposition is heard by the UAE Trademark Office.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.5
What is the process by which an opposition proceeds?
United Arab Emirates

Answer ... Oppositions are filed in writing. The applicant must submit a written response in response to the opposition; if it fails to do so, the application will be considered as abandoned. The UAE Trademark Office also conducts hearings where both parties can present their position.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
United Arab Emirates

Answer ... Decisions of the UAE Trademark Office can be appealed before the Trademark Committee within 15 days of issuance of the decision. Decisions of the Trademark Committee can be further appealed to the Court of First Instance. Decisions of the Court of First Instance can be further appealed to the Court of Appeal. A final appeal can be filed before the Court of Cassation.

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