It is common for people to use the same name or logo as another company without permission from the original owner. This is known as trademark infringement and can lead to legal action if not stopped. If you find yourself in such a situation, you may want to consider filing a trademark infringement complaint in Dubai UAE. In this article, we talk about the various aspects involved in filing a trademark infringement complaint.
What Is A Trademark Infringement Complaint in Dubai UAE?
Trademark infringement complaints are filed when someone uses your brand name or logo without permission or authorization. The letter will request that they stop using your registered trademark immediately and that they provide proof that they have removed any infringing materials from their website and social media accounts. If they refuse to comply with these requests, further legal action may need to be taken against them by filing a lawsuit against them in court. Here are some reasons why you should file a trademark infringement complaint in Dubai:
- To protect your business from unlawful competition
- To stop others from using your trademark in their businesses
- To recover damages and obtain an injunction order against the infringer
- To stop further misuse of your trademark by the infringer
Trademark Infringement Complaint Process:
If you believe your trademark has been infringed in Dubai, UAE, you can file a complaint with the Department of Economic Development (DED) or the Ministry of Economy or through a trademark infringement lawyer.
Gather Evidence: You need to collect all the necessary evidence to support your claim of trademark infringement. This evidence may include photographs, videos, invoices, contracts, and any other documents that support your claim.
Contact a Lawyer in UAE: It is recommended to contact a lawyer like us who specializes in intellectual property law in Dubai. In this case, we can guide you through the legal process and help you file a complaint.
File a Complaint: You can file a complaint with the DED or MOEC. To file a complaint with the MOEC, you need to fill out a complaint form and provide all the evidence you have collected. You can also file a complaint with Dubai Customs if your trademark is being counterfeited at the port of entry.
Wait for a Response: Once you have submitted the complaint, the Ministry of the Economy department will review it and investigate the matter. If they find that there has been trademark infringement, they will take appropriate action.
Take Legal Action: If the investigation does not resolve the matter or you are not satisfied with the outcome, you can take legal action in the courts. A legal consultant in Dubai UAE like us can assist you in filing a lawsuit against the infringing party.
Required Documents for filing Complaint in Dubai UAE:
- Passport Copy of intellectual property right holder or brand owner
- Trade License of a company
- Power of attorney
What are the consequences of infringing on another’s trademark in the UAE?
Infringing someone else’s trademark in the UAE is a grave offense that can lead to imprisonment and/or a fine of AED 5000, as per the UAE trademark law. This penalty applies not only to those who directly violate the trademark but also to individuals or companies who participate in the sale, offering, or possession of products containing the infringing trademark with the intent to sell them.
According to the law, if the accused commits the same trademark infringement again, they can be penalized with a fine or imprisonment, and their business may be temporarily shut down for a period of 15 days to 6 months. This indicates that not only merchants but also ordinary individuals can be charged with trademark infringement. In addition, the trademark holder may opt to file a civil lawsuit against the infringer, in which the court may award damages and remedies to the aggrieved party.
How Legal House Helps You:
At Legal House, We can help with a trademark infringement complaint case in several ways, including:
1. We can help draft cease and legal notices to send to the infringing party, warning them to stop infringing on your trademark.
2. We can assist in assessing the validity and infringement of third-party trademarks, which can help determine whether a trademark infringement case is worth pursuing.
3. We can work with the other party to try to resolve the dispute amicably and out of court, which can save time and money for both parties.
Feel free to get in touch with us. we can help you.