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...
Discover how the UAE’s updated trademark fee structure under Council of Ministers Resolution No. 102 of 2025 aligns with India’s Trademark Rules. From SME exemptions to expedited filings, this article explores key regulatory shifts and their implications for brand owners. A trademark is a “mark”, which could be a name, word, symbol, device, shape, packaging, colour, or...
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...
The UAE Cabinet, through Cabinet Resolution No. (102) of 2025, has approved a comprehensive update to the Ministry of Economy’s (MoE) fee schedule governing trademark services. This reform modernizes the UAE’s trademark system in line with international standards and reinforces the country’s growing focus on innovation and intellectual property protection. The updated fees will take...
Think of the distinctive Airtel jingle. Or the iconic, red-soled shoe crafted by Christian Louboutin. Or even the familiar whiff of popcorn that greets you at a movie theatre. These are not just products or advertisements; they are experiences. In the modern marketplace, brands are no longer confined to logos, slogans, and names. Instead, they...
In a significant and unusual case unfolding in India’s intellectual property landscape, McPatel Foods Pvt Ltd, a Gujarat-based business, has brought legal action against the multinational fast-food conglomerate McDonald’s Corporation, challenging the latter’s claim of exclusive rights over the prefix “Mc” in India. The dispute not only raises critical questions regarding the scope of trademark...
In a highly competitive marketplace, protecting a trademark goes beyond mere registration. Trademark owners—especially multinational companies—often seek to safeguard their marks even when they are not actively using them in a jurisdiction. Indian trademark law allows registration without immediate use, but it also imposes certain conditions to retain that protection. This article examines how Indian...
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