Blogs
October 20, 2025
How Businesses in the UAE Can Safeguard Their Trademarks: Legal Insights and Enforcement Strategies
Discover practical steps, landmark cases, and legal remedies for protecting your brand identity under UAE trademark law.
Trademark infringement happens when a third party uses a registered trademark without permission, potentially misleading consumers about the origin of goods or services. Under Federal Decree Law No. 36 of 2021 on Trademarks, infringement can take several forms:
Direct duplication: Using the exact same mark for identical goods or services.
Confusing similarity: Marks that look, sound, or convey a similar meaning, causing consumer confusion.
Dilution of well-known marks: Exploiting the reputation of famous trademarks.
Misleading practices/unfair competition: Acts that deceive consumers about product origin.
Possession, manufacture, import, or export of infringing items: Actionable under criminal law.
UAE Legislation on Trademark Protection
The UAE Trademark Law provides strong protection for businesses:
Article 17(2): Gives trademark owners the right to stop third parties from using identical or confusingly similar marks.
Article 18(2): Allows prior users to challenge registrations made after their use within five years.
Articles 49–52: Criminal penalties for counterfeiting, bad faith use, or forgery, including fines from Dh50,000 to 1,000,000 and imprisonment.
Article 47: Enables urgent precautionary measures via summary civil proceedings within 20 days.
Article 48: Filing an administrative complaint is not mandatory before initiating a civil claim.
Enforcement Options for Trademark Protection
1. Cease and Desist Letter
A cease and desist letter formally notifies the alleged infringer of the violation and demands that they stop using the mark. Many disputes are resolved at this stage, avoiding litigation. Legal guidance from IP lawyers ensures the letter is effective and precise.
2. Administrative Complaints
Businesses can file complaints with the Ministry of Economy (MoE), which investigates, issues warnings, or imposes administrative measures. Local authorities, such as Dubai’s DET IP Gateway, manage regional complaints. Administrative complaints provide documentation and investigative power but do not award damages. Civil claims can proceed independently.
3. Civil Litigation
Civil proceedings offer full remedies, including:
Available Remedies:
- ○ Injunctions to stop infringement
- ○ Damages for financial losses
- ○ Seizure and destruction of infringing goods
Civil cases are filed in Courts of First Instance or dedicated IP/commercial courts, where evidence, expert testimony, and consumer surveys are presented. Appeals can be made to higher courts, including the Federal Supreme Court (Cassation).
4. Criminal Enforcement
Criminal action targets serious infringements such as counterfeiting or bad faith use.
Severe Offences:
Dh100,000–1,000,000 fines and/or imprisonment
Lesser Offences:
Dh50,000–200,000 fines and/or imprisonment up to one year
Repeat offenders may face doubled penalties, confiscation, or business closure. Criminal prosecution complements civil claims rather than replacing them.
Landmark Case: Abu Dhabi Court of Cassation Case 74-2025
A local company in Abu Dhabi used the trademarks of an international e-commerce brand in-store, misleading consumers about product origin.
Outcome
- • Courts ordered cessation of infringement and removal of the trade name from official registries.
- • Prohibited the sale of infringing products and removal of promotional materials.
- • Appeals were dismissed due to procedural non-compliance.
Key Lessons
Procedural compliance is critical; missing deadlines or payments can lead to dismissal.
Online-only brands are protected under UAE law.
Courts can grant comprehensive remedies, including registry actions.
Consumer confusion is the primary factor in determining infringement.
This case demonstrates the UAE's strong enforcement framework and how businesses can protect their brands effectively.
Conclusion:
The UAE provides a comprehensive trademark protection system, combining preventive, civil, and criminal measures. Businesses should:
- • Register trademarks proactively.
- • Monitor potential infringements regularly.
- • Comply with legal procedures to secure remedies.
The Abu Dhabi Case 74-2025 highlights the importance of vigilance, strategic management, and understanding the full scope of legal protections. Effective trademark management is essential to maintaining brand identity and commercial success in the UAE.
Frequently Asked Questions (FAQ)
Q: How can I protect my trademark in the UAE?
A: You can protect your trademark by registering it, monitoring for infringements, sending cease and desist letters, and pursuing civil or criminal action when necessary.
Q: What constitutes trademark infringement?
A: Trademark infringement occurs when a third party uses a registered mark without authorisation, including duplication, confusing similarity, or misuse of well-known brands.
Q: Do I need to file an administrative complaint before going to court?
A: No, you can file civil claims independently of administrative action, as per Article 48 of UAE Trademark Law.
Q: Are online-only brands protected?
A: Yes, UAE courts recognise online brands and protect them against unauthorised use that causes consumer confusion.
Q: What legal remedies are available for infringement?
A: Remedies include injunctions, damages, seizure/destruction of infringing goods, administrative action, and criminal penalties for severe violations.