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
Trademarks
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

Answer ... The trademark registration remains valid for 10 years from the filing date. The trademark owner can renew the trademark for further 10-year periods thereafter. As long as the trademark is renewed, it will remain on the trademark register and there is no limitation in the law.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
United Arab Emirates

Answer ... Renewal requires the submission of an application for renewal through the online system and payment of the official fee.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.3
What are the grounds for cancelling a trademark registration?
United Arab Emirates

Answer ... A trademark which is not used for five consecutive years may be cancelled by way of a non-use cancellation action. The trademark owner can defend such action by providing reasonable justification for non-use, which includes reasons beyond its control.

A registered trademark can also be cancelled through a cancellation action if the trademark was unlawfully registered. There is no definition of such unlawfulness in the law; however, prior registration, prior use and an unregistered well-known mark are all strong grounds for a cancellation action.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
United Arab Emirates

Answer ... The Ministry of Economy can file a cancellation action before the competent court to cancel a trademark that was registered unlawfully.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
United Arab Emirates

Answer ... Cancellation of a trademark may be initiated by an interested party by submitting a petition before the competent civil court of first instance. Litigation in the United Arab Emirates is mostly based on written submissions, with few oral submissions.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.6
What is the procedure for appealing a decision cancelling a registration?
United Arab Emirates

Answer ... In the United Arab Emirates, the decision of the Court of First Instance may be appealed before the Court of Appeal and a final appeal may be filed before the Court of Cassation.

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