Question: “Someone filed a mark similar to ours after we started using the brand—can we stop them, and what proof of earlier use do we need?” Answer Yes—often you can stop them, but the best route depends on where their mark sits in the lifecycle (filed vs published vs registered) and how strong your prior-use evidence is. ...
Question: “Our trademark search shows a similar mark—how do we decide if we fight, tweak the brand, or file smartly to reduce rejection/opposition risk?” Answer When a search shows a similar mark, the decision is not “file or don’t file.” It’s risk triage + the cheapest path to a defensible outcome. Here’s the method that works in practice. ...
Question: “I got a legal notice saying my brand name/logo infringes someone else’s trademark—what should I do first, and what should I absolutely not do?” Answer If you’ve received a trademark infringement notice (cease & desist / legal notice), treat it as a formal legal risk-management matter: avoid reactive responses, avoid replying emotionally, and do not “fix” things in a...
A New Digital Chapter in UAE Trade Mark Practice The UAE Trade Mark Office (TMO), operating under the Ministry of Economy and Tourism (MOET), has recently introduced an AI-powered Logo Generator on the official UAE Trade Mark Portal. This development forms part of the UAE’s broader digital transformation strategy and reflects continued collaboration between stakeholders, practitioners, and the Trade Mark Office to modernise and streamline trade mark-related services. The...
Why Trademark Classification Matters Trademark classification is a foundational element of securing and enforcing IP rights. Every trademark application must include a list of goods and services and how those offerings are categorized determines the scope of protection, search results, examiner review, oppositions, enforcement, and international filings. The Nice Classification, an internationally harmonized system administered...
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...
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...
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