Intellectual Property FAQs

1. What constitutes a trademark in the UAE?

A trademark under UAE law (e.g., Federal Decree‑Law No. (36) of 2021 on Trademarks) is any distinguished form names, words, signatures, letters, figures, graphics, logos, packaging, or any other mark or combination of marks used (or intended to be used) to distinguish goods or services of one entity from another.

2. Do I have to register a trademark in the UAE for protection?

While use of a mark can give some rights, registration is strongly recommended. Registration with the Ministry of Economy (UAE) provides a presumption of ownership and is the main basis for enforcement.

3. What is the term of protection for a registered trademark in the UAE, and how is it renewed?

Once registered, a trademark is protected for 10 years from the filing date and can be renewed indefinitely in subsequent 10-year periods, subject to payment of renewal fees and compliance.

4. What is the timeline and basic process for trademark registration in the UAE?

In the UAE, one applies via the Ministry of Economy’s portal (including via registered agent if foreign owner) and after examination, publication, etc., a decision must be taken within about 90 days.

5. What about trademark registration across the GCC and how does it differ?

The Gulf Cooperation Council (GCC) approved a new regional Trademark Law in 2019, but each member state still has its national system and differing implementation. So, while your UAE registration covers the UAE, it does not automatically cover other GCC states.

6. What are common absolute and relative grounds for refusal of a trademark in India?

Under the Trademarks Act, 1999 (India), absolute grounds (e.g., mark lacks distinctiveness, is descriptive) are set out in Section 9, and relative grounds (e.g., conflict with an earlier mark) in Section 11.

7. What does registration confer on a trademark owner in India?

Registration provides the owner with the exclusive right to use the mark in relation to the goods/services for which it is registered and enables effective action against infringement.

8. How are patents protected and enforced in the UAE and India?

In the UAE, patents are filed with the Ministry of Economy, and internationally via the PCT route. In India, patents are governed by the Patents Act, 1970 (as amended). Filing involves draft specification, claims, and prosecution. (See ATB Legal’s service offering: “Patent Search & Analysis”, “Patent Drafting & Filing”, etc. on the services page.)

9. Can creative works (e.g., software, apps, artworks) be protected by copyright in India and the UAE?

Yes. In India, the Copyright Act, 1957 protects literary, dramatic, musical, artistic works, films, sound recordings, computer programs. In the UAE, while copyright formal registration may not always be mandatory, creators should take steps for protection (as emphasised in your firm’s service list).

10. What are trade secrets and how can businesses in the UAE protect them?

Trade secrets (confidential formulas, processes, know-how) are as valuable as formal IP rights. In the UAE your firm offers: drafting NDAs, internal confidentiality policies, and investigating misappropriation.

11. What is a trademark ‘watch/monitoring’ service and why is it useful?

Monitoring service tracks use of similar marks, potential infringers, or new applications. It helps pre-empt infringement and strengthen brand protection — part of your firm’s offerings.

12. Is prior use of a mark (before registration) sufficient for protection in the UAE?

Although courts in the UAE have accepted prior use in certain cases, the law itself places emphasis on registration for full protection. It is therefore advisable to register the mark early.

13. What is the minimum term for non-use that can lead to cancellation of a registered trademark in the UAE?

Under the UAE law, a mark not used for five consecutive years may be subject to removal from the register (unless good reasons exist).

14. Can foreign (non-UAE) applicants file for trademarks/patents in the UAE and India?

Yes. In the UAE foreign applicants must often file via a registered agent with a power of attorney. In India, foreign applicants may file directly or via agents international treaties (Madrid, PCT) may apply.

15. What is the impact of the Madrid Protocol and Patent Cooperation Treaty for clients of your firm?

As indicated on the services page, we assist with global filings via the Madrid Protocol (for trademarks) and PCT/Paris Convention (for patents) enabling clients to protect assets in multiple jurisdictions efficiently.

16. What due diligence should be undertaken when acquiring or investing in a company’s IP portfolio in the UAE, GCC or India?

We offer “IP Due Diligence” (as per service list) this includes reviewing registrations, potential conflicts, licence agreements, enforcement history, scope of rights, and mapping gaps.

17. Are licensing and assignment of IP rights common practice, and are they regulated?

Yes whether you are licensing a trademark, assigning a patent, or drafting confidentiality arrangements, the firm’s services cover “Licensing & Assignment”, “Franchising”, etc. Local regulations (e.g., registration of licence agreements in UAE for certain IP) should be observed.

18. What remedies are available for IP infringement in the UAE and India?

In the UAE, registered rights provide basis for civil actions (injunctions, damages) and sometimes customs or criminal measures. In India, registration enables court actions and statutory penalties (e.g., for counterfeiting).

19. What are the common pitfalls for companies entering GCC / India markets in terms of IP?

Common issues include neglecting registration before market launch, filing in the wrong class/es (for trademarks), not monitoring for infringement, failing to adapt to local formalities (e.g., Arabic translation in UAE), and underestimating enforcement costs. (Your firm’s “commercially driven approach” emphasises practical business goals.)

20. How can clients expect your firm (ATB Legal) to support them across the IP lifecycle in UAE, GCC and India?

As outlined on your service page: from initial consultation → search/analysis → strategy development → filing/registration/licensing/enforcement → ongoing portfolio management (renewals, monitoring, due diligence).