Evolution Of The New Trademark Law In The United Arab Emirates (UAE) Just as people change over time in response to societal expectations and requirements, laws must also adapt to the ever-changing environment and societal demands.
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Laws that don’t change throughout time don’t give the residents of that nation an equal chance at justice A new legislative was then established, promising significant reforms to the law (UAE).
The Federal Decree Law (36 of 2021), the new trademark law legislation, is a step toward granting individuals rights in accordance with Article 14, Chapter 2 of the United Arab Emirates Constitution, which addresses equality and justice.
Through this modification, the scope of TradeMark Law has expanded; three-dimensional trademarks, holograms, and sound trademarks are now protected. This amendment now covers the registration of geographical names for trademarks or goods whose names are connected to those of certain nations or locations that are well-known for producing a particular good.
The amendments in the new TM Law [Federal Decree Law (36 of 2021)] are as follows:
Multiple-class applications
The United Arab Emirates (UAE) trademark office will now let applicants submit a single application for several classes of trademarks, which was not possible before to the revision. Earlier, the law only applied to applications for single classes.
Pending application assignment:
The power to transfer ownership during the assignment of pending applications is now granted under the new Trademark Law. Prior until now, the practise did not permit assignment of applications that were still ongoing; instead, the assignment was only permitted after complete registration of the marks.
Decisions may be appealed directly to the Federal Appeal Court:
The petitioners now move the matter straight to higher court stage rather than going via First Instance Court to speed up the dispute resolution procedure. Those who have applied for or opposed the decision made by the Ministry of Economy may appeal it.
The Grievance Body was established inside the ministry, and this resulted in the introduction of a statutory need to include a judge at the aforementioned committee. All complaints to judgments made by the Trademarks office will be heard by the committee. The Federal Appeal Court will hear appeals of the committee’s judgement.
Court appeal process time:
It now just takes 30 days to file an appeal instead of the prior 60 days. This modification to the appeals restriction will speed up procedures and reduce pointless litigation.
TM standards for “famous” or “well known” status:
The criteria for determining whether a trademark is well-known have been made clearer under the New Trademark Law, and now include the following:
- the degree to which it is known to the relevant public as a result of its promotion
- the duration of its registration and use
- the number of countries in which it is registered or well-known
- its value
- the degree to which it has an impact on the promotion of goods or services that use the well-known Trade
Customary Seizure of Infringing Goods:
The New Trademark Law now gives Customs the authority to confiscate imported goods that violate trademark rights. Before the change, this clause was not in place, and its inclusion would ensure that no goods bearing a registered mark or trademark are distributed within the United Arab Emirates (UAE). After the owner of the allegedly infringing trademark files a request with the customs authorities for the seizure of imported goods, the shipping clearance of the allegedly infringing products would be halted for 20 days.
Temporary trademark protection
The New Trademark Law makes this point very clear, and it helps owners of temporary marks register their marks and engage in temporary events and exhibits without restriction. Since the United Arab Emirates (UAE) serves as a focal point for these kinds of year-round events and activities for all industries. The United Arab Emirates UAE trademark currently offers a service that allows overseas participants to reduce their risks, register their marks temporarily, and attend such venues independent of any pre-existing rights.
Geographical Indication (GI):
Geographical Indication (GI) is a recent addition to United Arab Emirates’ IP regulation (UAE). These weren’t previously controlled. The New Law defines these as any indication that a good has its origins in the territory of a WTO member nation or in a region, location, or place in that region if the good’s quality, reputation, or other characteristics are substantially attributable to its geographic origin.
The addition of these provisions to the Trademark Law will provide trademark owners, judges, and other interested parties in GIs with some assistance.
Increased sanctions and penalties:
The penalties for violating trademark rights have been raised under the new Trademark Law. The punishment for copyright infringement has raised from AED 10,000 to AED 50,000 to a maximum of AED 50,000 to AED 100,000, as stated in Article 39, which speaks particularly about this. The following new, more severe penalties are also introduced by Article 40:
- producing or importing counterfeit work
- interfering with or damaging electronic data intended to manage copyrights
- downloading or storing computer programmes, applications, or databases without a licence from the author or rightsholder.
The above-mentioned offences now carry a minimum sentence of 6 months in jail and/or a fine of between AED 100,000 and AED 700,000, as opposed to the former minimum sentence of 3 months in jail and a fine of between AED 50,000 and AED 500,000. It should be underlined that repeat violators will now face harsher punishments.
Recording TM license contracts:
The recordal is no longer a barrier for parties that are licensee and licensor to rely on such connection against parties under the new trademark law. This will be beneficial for brand owners, in particular those who want to protect their trademark rights over a mark being used by a licensed third party.
The Markings:
The prior definition of trademarks was quite vague; the most recent revision has provided a more detailed definition of trademark, which includes terms like unique scent, sound, three-dimensional, and holographic markings, among others. People in certain sectors who previously lacked rights would benefit from their inclusion.
Publishing of a recognised trademark
Prior to the new Amendment, the Trademark Law required the publishing of approved trademarks in local newspapers, however this requirement is no longer in effect. Only a publication in the official gazette, which is controlled and published by the UAE Ministry of Economy, is necessary for the new structure. This will help the applicant save money and prevent pointless discussions over the deadline for opposition procedures.
Conclusion:
The modifications highlight notable and ground-breaking ideas and amendments made to United Arab Emirates Trademark Law (UAE). Legislation is designed to ensure that people’s rights are recognised and that the owner or applicant may use their rights without difficulty. With these adjustments, it is clear how comprehensive and incorporative the legislative framework is. If you want register something against your trademark you can contact Sara Advocates and Legal Consultants. Our lawyers will do all the filing and make sure everything is done properly and all legal proceeds go smoothly.
