Introduction The Nice Classification system, administered by the World Intellectual Property Organization (WIPO), is the globally accepted framework for classifying goods and services for trademark registration. It plays a critical role in trademark filing, examination, enforcement, and portfolio management across more than 150 jurisdictions. Effective 1 January 2026, WIPO has introduced the 13th Edition of the Nice...
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...
The India–UAE Comprehensive Economic Partnership Agreement (CEPA) has significantly strengthened bilateral trade by allowing preferential customs duty treatment on qualifying goods originating in India and imported into the UAE. As businesses increasingly adopt commercially efficient and multi-layered trade models, questions frequently arise on whether such benefits remain available when non-traditional structures are used. This article...
When monopoly ends, enforcement ends with it—except where past infringement leaves a financial trail. A decisive ruling on the limits of judicial relief after patent expiry, clarifying why exclusivity ends with the statutory term but monetary accountability for past infringement does not. In a significant intellectual property law ruling, the Delhi High Court has clarified how patent rights in...
Challenge The client approached ATB Legal with a dual-jurisdiction trademark matter involving parallel trademark filings in the UAE and the Kingdom of Saudi Arabia (KSA). While the UAE trademark proceeded smoothly, the KSA trademark encountered a critical procedural issue that required immediate legal intervention. In Saudi Arabia, trademark ownership requirements are strictly enforced. The client’s...
Challenge A multinational enterprise headquartered in Canada, with operational bases in Mexico, the United States, and the Middle East, sought to establish a fully compliant and operational presence in the United Arab Emirates as part of its global expansion strategy. While the client was commercially sophisticated and experienced in cross-border operations, it faced several challenges...
The rapid growth of digital commerce has challenged traditional notions of trademark use and enforcement, particularly in jurisdictions where physical presence was once viewed as a key indicator of commercial activity. In a significant recent development, the Abu Dhabi Court of Cassation has reaffirmed that online-only brands enjoy full trademark protection in the UAE, even...
Challenge A well-established skincare company headquartered in Russia sought to expand its presence into the United Arab Emirates, one of the region’s fastest growing markets for beauty, wellness, and personal care products. To protect its brand identity and ensure exclusive commercial use, the company filed an application to register its trademark with the UAE Ministry...
Challenge A prominent UAE/China-based sports company approached us with urgent concerns regarding trademark infringement in the United Arab Emirates. As a well-established brand in the sports and lifestyle sector, the company had been rapidly expanding its product distribution in the region. However, as their visibility grew, they began facing increasing risks of counterfeit goods and...
In a decision reported on 24 October 2025, the Calcutta High Court held that the mark “PROTIFIX”, used in respect of a protein supplement, is deceptively like the longstanding mark “PROTINEX” and accordingly ordered that the registration for PROTIFIX be rectified, cancelled, removed and expunged from the register of trademarks. The court emphasised that an...
