A Strategic Alternative to Court Litigation under Federal Decree Law No. 36 of 2021
Trademark enforcement in the United Arab Emirates has evolved significantly with the introduction of Federal Decree Law No. 36 of 2021 on Trademarks and its Executive Regulations. One of the most notable developments under the current legal framework is the authority granted to the UAE Trademark Office under the Ministry of Economy to cancel registered trademarks through administrative decisions, without requiring rights holders to initiate civil court litigation.
This shift reflects the UAE’s broader objective of strengthening intellectual property protection while ensuring procedural efficiency and cost effectiveness for brand owners. Recent administrative cancellation decisions demonstrate how trademark owners can effectively protect their rights by relying on evidence of reputation and bad faith, using the administrative route rather than engaging in prolonged judicial proceedings.
Administrative Cancellation of Trademarks in the UAE
In a recent administrative decision issued in 2025, the UAE Ministry of Economy ordered the cancellation of the trademark “MIXUE ICE CREAM & TEA” from the Trademark Register. The cancellation was granted after it was established that the registered mark conflicted with a well-known trademark and had been filed in bad faith.
The Trademark Office accepted extensive evidence demonstrating the reputation of the earlier mark and concluded that the later registration sought to unfairly benefit from the goodwill associated with the established brand. On this basis, the Ministry ordered the immediate removal of the trademark from the Register through an administrative decision, without the involvement of the civil courts.
This decision serves as a practical example of how the administrative cancellation mechanism operates under the current UAE trademark regime.
This Article is a Part of Our The Ultimate Guide to Intellectual Property Law Blogpost.
Legal Basis for Administrative Cancellation
Article 24 of Federal Decree Law No. 36 of 2021
The legal foundation for administrative trademark cancellation is found in Article 24 of Federal Decree Law No. 36 of 2021. This provision authorizes the Ministry of Economy to cancel a registered trademark by administrative decision in circumstances including, but not limited to, the following:
The trademark was registered in bad faith
The trademark conflicts with a priorwell-known trademark
The registration violates public order or morality
The trademark was registered in violation of the provisions of the law
This represents a significant departure from the previous trademark regime, under which cancellation actions, particularly those based on bad faith or reputation, were predominantly adjudicated through the civil court system.
Expanded Role of the UAE Trademark Office
Under the current legal framework, the UAE Trademark Office plays a more substantive and decisive role in trademark enforcement. Beyond examining applications and oppositions, the Office now has the authority to assess complex factual and legal issues such as bad faith, likelihood of confusion, and the reputation of earlier marks.
This enhanced role enables the Trademark Office to function as a specialized adjudicatory body in intellectual property matters, offering rights holders a streamlined and technically informed forum for dispute resolution.
Bad Faith as a Ground for Cancellation
While the UAE trademark law does not provide a statutory definition of bad faith, the concept is interpreted in accordance with international trademark principles and established practice. Factors commonly considered when assessing bad faith include:
Prior knowledge of an existing orwell-knowntrademark
Intent to mislead consumers or cause market confusion
Attempts to exploit the goodwill and reputation of another brand
Patterns of trademark squatting or imitation
Where such elements are established through documentary and factual evidence, the Trademark Office is empowered to order cancellation administratively.
Protection of Well-Known Trademarks
The UAE provides robust protection for well-known trademarks, consistent with its obligations under the Paris Convention and the TRIPS Agreement. Federal Decree Law No. 36 of 2021 expressly recognizes well known trademarks and prohibits their unauthorized registration or use, even where the mark is not locally registered.
To establish well known status, trademark owners typically rely on evidence such as:
International trademark registrations
Global commercial presence and franchising activities
Advertising and promotional materials
Media recognition and brand visibility
Prior enforcement actions in other jurisdictions
Such evidence enables the Trademark Office to assess the reputation of a mark and prevent third parties from capitalizing on its goodwill.
Advantages of Administrative Cancellation Proceedings
Procedural Efficiency
Administrative cancellation proceedings are generally faster than civil court litigation. Decisions are issued within defined administrative timelines, allowing brand owners to address infringing registrations without prolonged delays.
Cost Effectiveness
The administrative route significantly reduces legal and procedural costs when compared to multistage court proceedings, making it a commercially viable option for both regional and international brand owners.
Specialized Expertise
Trademark disputes before the Trademark Office are assessed by examiners with technical expertise in trademark law and practice, ensuring informed and focused evaluation of the issues involved.
Reduced Litigation Burden
Administrative proceedings are primarily evidence based and avoid the procedural complexity of court litigation, making them particularly suitable for clear cases involving bad faith or well-known trademarks.
Strategic Considerations for Trademark Owners
The availability of administrative cancellation under Article 24 requires brand owners to adopt a proactive trademark enforcement strategy. Regular monitoring of trademark filings and timely action against infringing registrations are critical to preventing dilution and market confusion.
In appropriate cases, pursuing administrative cancellation can offer a faster and more effective remedy than court litigation, allowing businesses to protect their market position while conserving legal and commercial resources.
Administrative Cancellation as an Effective Trademark Enforcement Mechanism
The introduction of administrative trademark cancellation under Federal Decree Law No. 36 of 2021 marks a pivotal advancement in the UAE’s intellectual property framework. By empowering the Ministry of Economy to adjudicate cancellation matters directly, the law provides brand owners with a practical, efficient, and cost-effective alternative to court litigation.
Recent administrative decisions, including the cancellation of trademarks registered in bad faith or in conflict with well-known marks, demonstrate the effectiveness of this mechanism. For businesses operating in the UAE, administrative cancellation proceedings before the Trademark Office represent a modern and strategic tool for safeguarding trademark rights in an increasingly competitive marketplace.
