Trademark Protection in the UAE: Legal Provisions, Enforcement Mechanisms, and a Landmark Case Study

Trademark protection is a cornerstone of intellectual property rights, safeguarding the identity and reputation of businesses. In the United Arab Emirates (UAE), the legal framework governing trademarks is robust, reflecting the nation’s commitment to fostering a secure commercial environment. With the growth of e-commerce and international business presence, understanding trademark infringement in the UAE is critical for both local and global companies.

 

What is Trademark Infringement?

Trademark infringement occurs when a third party uses a mark identical or confusingly similar to a registered trademark without authorisation, potentially misleading consumers about the origin of goods or services. Under Federal Decree Law No. 36 of 2021 on Trademarks (UAE Trademark Law), infringement can manifest in several ways:
• Direct duplication: Using exactly the same mark for identical goods or services.
• Confusing similarity: Visual, phonetic, or conceptual resemblance that causes consumer confusion.
• Dilution of well-known marks: Exploiting the reputation of famous trademarks, as illustrated in cases like Harrods.
• Misleading practices / unfair competition: Acts that deceive consumers regarding the origin of products.
• Possession, manufacture, import, or export of infringing items: Actionable under criminal provisions.

 

UAE Legislation on Trademark Protection

The UAE’s trademark regime is governed primarily by UAE Trademark Law, which modernised earlier provisions. Key statutory protections include:
• Article 17(2): Grants trademark owners the exclusive right to prevent third parties from using an identical or confusingly similar mark for the same or related goods/services, where such use may cause public confusion.
• Article 18(2): Enables prior users to request cancellation of registrations made after their use within five years.
• Articles 49–52: Establish criminal sanctions for counterfeiting, forgery, or bad faith use, with penalties including fines ranging from Dh50,000 to 1,000,000 and imprisonment.
• Article 47: Provides for urgent precautionary measures via summary civil proceedings without notice, enforceable before substantive litigation within 20 days.
• Article 48: Confirms that administrative complaints are not a prerequisite for filing civil claims.

 

Enforcement Routes: Administrative, Civil, and Criminal

1. Cease and Desist Letter
   Before submitting an official complaint, the complainant may draft and send a formal cease and desist notice letter to the alleged infringer, detailing the infringement, claiming rights, and demanding that they cease using the mark. These letters can often resolve disputes amicably and prevent the need for further legal proceedings.
   
   Given the legal implications and the need for precision, such cease and desist letters are crucial legal instruments and should always be well-drafted with the help or consultation of experienced Intellectual Property (IP) lawyers.
   
   
2. Administrative Complaints
   Filing a complaint through the Ministry of Economy (MoE) is often the first step of legal proceedings. The MOE may investigate, issue warnings, or impose administrative action. It also handles cancellation and invalidity petitions via its internal mechanisms or through its Grievance Committee (especially post-2021).
   
   When infringement is localised to a particular emirate, the MoE may redirect or refer the complaint to that emirate’s economic or commerce authority. In Dubai, for instance, DET provides an “IP Gateway” for local complaints.
   
   Importantly, administrative complaints are not court cases; they do not award damages or binding injunctions. However, they offer documentation, investigatory power, and may pressure infringers to comply.
   
   There is no legal obligation to exhaust an administrative complaint before filing a civil suit; courts accept claims independently of MoE actions (per Article 48).
   
   
3. Civil Litigation
   Civil proceedings provide comprehensive remedies, including injunctive orders, damages, seizure, and destruction of infringing goods. The process typically involves:
   
   • Filing a claim in the Court of First Instance or a dedicated IP/commercial court.
   • Serving the defendant, who may raise counterclaims.
   • Presenting evidence, expert testimony, or consumer surveys.
   • Receiving judgment with the right to appeal to higher courts, including the Federal Supreme (Cassation).
   Civil litigation is more demanding than administrative action but provides full legal redress.
   
   
4. Criminal Enforcement
   Criminal proceedings address severe acts of infringement such as counterfeiting, bad faith use, or possession of tools for illegal production. Under Articles 49–52:
   
   • Penalties for serious offences: Dh100,000–1,000,000 and/or imprisonment.
   • Lesser offences: fines from Dh50,000–200,000 and/or imprisonment up to one year.
   • Repeat offenders: doubled penalties, confiscation, or business closure.
   Criminal cases are prosecuted by public authorities and supplement, rather than replace, civil claims for damages.

 

Case Study: Abu Dhabi Court of Cassation Case 74-2025

A landmark case involved a local business using registered trademarks of an international e-commerce brand in Abu Dhabi. Although the brand operated solely online, the local company displayed the trademarks in-store, misleading consumers about the origin of products.

 

Legal Proceedings and Outcome:
• The Abu Dhabi Commercial Court granted broad remedies: cessation of infringement, removal of the infringing trade name from official registries, prohibition on selling products bearing the trademarks, and removal of promotional materials.
• The Appellant’s appeal was rejected, and the subsequent cassation was declared inadmissible due to failure to pay the required security deposit.

 

Key Takeaways:

1. Strict Procedural Compliance: Failure to meet procedural requirements, such as paying deposits, can result in dismissal even before substantive issues are addressed.
2. Protection of E-Commerce Models: UAE courts recognise the legitimacy of brands operating exclusively online and protect their trademarks accordingly.
3. Comprehensive Remedies: Courts can issue wide-ranging orders beyond traditional injunctions, including registry actions and prohibitions on product sales.
4. Consumer Confusion is Central: Unauthorised use that misleads consumers remains a primary concern in determining infringement.

 

This case highlights the UAE’s robust enforcement framework and demonstrates how trademark owners can effectively protect their brand, whether online or offline.

 

Conclusion

The UAE offers one of the most comprehensive trademark protection frameworks in the region, combining preventive, civil, and criminal measures. Businesses must proactively register trademarks, monitor potential infringements, and comply with procedural requirements to safeguard their intellectual property.

 

The Abu Dhabi Court of Cassation Case 74-2025 underscores the importance of vigilance, procedural compliance, and understanding the full scope of remedies available under UAE law. For companies operating in the UAE, strategic trademark management is essential to maintaining brand identity and commercial success.

 

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