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.

4. Results: Answers
Rights of registered and unregistered marks
What, if any, protection is afforded to unregistered trademarks?
United Arab Emirates

Answer ... Unregistered well-known trademarks are recognised under the UAE Trademarks Law if they have an international reputation that extends beyond the borders of the original country in which the trademark was filed. Registration of a well-known trademark is prohibited, unless requested by its original owner or by an official power of attorney from the original owner. The law also provides that the degree of knowledge or recognition of the mark in the relevant sector of the public is essential in determining how famous the trademark is.

Well-known marks have extended protection. A well-known mark cannot be registered for dissimilar goods or services if:

  • use of the mark would imply a connection between the goods or services to be protected and the goods or services of the owner of the original trademark; or
  • use of the mark may damage the interests of the owner of the original trademark.

Prior use of an unregistered mark can also be the basis for cancellation or opposition.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
What legal rights are conferred by a trademark registration?
United Arab Emirates

Answer ... The UAE Trademarks Law declares the registrant as the owner of the trademark. The owner of the trademark acquires the exclusive right to use the trademark in the United Arab Emirates, and the right to initiate action against any unauthorised use or attempt to register an identical or confusingly similar trademark by any third party without permission.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
United Arab Emirates

Answer ... No.

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