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Trademark Services

In today’s fast-paced world, innovation is a critical component of intellectual property that contributes to a company’s long-term survival and success. It is vital to protect a trademark because it assists a company in protecting and distinguishing its brand name. To defend their trademark rights, trademark owners must remain vigilant at all times. All trademark infringement cases must be reported as soon as possible, without giving the competitor any chance to win the suit. If your Trademark has been infringed upon, trademark enforcement will provide you with a competitive advantage over your competitors by protecting your brand and distinguishing you from your competitors.

What is a Trademark?

A trademark is a distinctive mark that distinguishes the products or services of one company from those of other businesses or organizations. The UAE Federal Law No. 37 of 1992 on Trademarks under Article 2 defines a trademark as “anything having a distinctive form, such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs, or any other mark or group of marks, used to distinguish goods, products and services from those provided by competitors. A trademark can also indicate that a particular company has manufactured a product or service.

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Trademark Infringement

Factors Constitutes Trademark Dispute/Infringement

When a competitor uses the same or a confusingly similar trademark for the same or similar products in a country where your Trademark is protected, your trademark rights are violated. To establish Infringement, you must prove that a particular trademark is so similar to yours that consumers are likely to be confused. Confusion may arise because the competitor’s products are identical to yours or because the competitor’s business is associated with, authorized, or sponsored by, your business. The following factors contribute to Trademark dispute or Infringement:

  1. Use of Trademark without consent:

    A trademark is said to be infringed only when it is used without the owner’s consent. Nonetheless, if a trademark is used with the permission of the registered trademark holder, it is not considered to be violated.

  2. A mark that is identical or confusingly similar to a registered trademark

    The unregistered individual’s brand must be identical to or deceptively similar to the registered Trademark. The phrase ‘deceptively similar’ implies that the average consumer may become confused between the brands, believing they are identical and owned by the same entity.

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Trademark Infringement UAE

Enforcement measure to curb Trademark Infringement

Listed below are some measures to combat trademark infringement.

  1. Seek the advice of a Trademark Expert:

    It is always prudent to seek expert advice if you believe that your Trademark has been infringed. An IP lawyer will inform you of your options for initiating action against counterfeiting and Infringement and will advise you on how to enforce your rights. He or she will notify you of any civil or administrative remedies that may be available to you.

  2. Cease and Desist letter or Legal Notice

    If you believe your trademark rights have been violated. In that case, you may choose to send a letter referred to as a “cease and desist letter” to the alleged infringer, informing them of the possibility of a conflict. It is recommended that you seek the assistance of a trademark attorney when writing such a letter.

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Why Choose HHS Lawyers and Legal Consultants

It is prudent to report the trademark infringement to ensure that no one else impersonates the owner. It is recommended that you file your infringement complaint immediately upon becoming aware of the Infringement to protect and enforce your trademark rights in the UAE. It enables your business to develop a sustainable brand identity capable of enhancing its reputation.
As one of Dubai’s leading law firms, HHS Lawyers and Legal Consultants provides our valued clients with trademark enforcement services. Our trademark attorney possesses extensive experience prosecuting trademark infringement lawsuits. Our knowledgeable and experienced trademark representatives can assist you with the following:

  1. Bringing an action for trademark infringement by drafting cease and desist letters or legal notice in advance of the lawsuit.
  2. Any questions about the validity and infringement of third-party trademarks.
  3. Resolving your dispute with the other party amicably and out of Court.

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