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Insights · Trademark

Trademark

Legal analysis and practical guidance on cross-border business, disputes, corporate, employment and IP matters across India and the UAE — including the Legal Help Desk, our Q&A column on the problems clients actually meet.

Intellectual Property

I Got a Legal Notice Saying My Brand Infringes Someone Else’s Trademark

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 […]

Legal Help Desk · 3 Mar 2026 · 5 minRead →
Trademark

AI-Powered Logo Generator on the UAE Trade Mark Portal: Legal and Practical Insights

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 […]

Hemakshi Prabhu · 10 Feb 2026 · 6 minRead →
India

Trademark Classification Changes: India vs UAE (Impact of Nice Classification 13th Edition)

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 […]

Hemakshi Prabhu · 9 Feb 2026 · 7 minRead →
Intellectual Property

WIPO Nice Classification 13th Edition (Effective 1 January 2026): Key Changes, Impact on Trademark Filings, and Practical Guidance for Applicants

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 […]

Hemakshi Prabhu · 15 Jan 2026 · 5 minRead →
Trademark

Trademark Cancellation through the UAE Trademark Office

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 […]

Hemakshi Prabhu · 14 Jan 2026 · 5 minRead →
Case Study

Seamless Rectification of UAE and KSA Trademark Ownership for a Cross-Border Brand

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 […]

Hemakshi Prabhu · 29 Dec 2025 · 4 minRead →
Case Study

End-to-End UAE Market Entry and Brand Protection for a North American Multinational

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 […]

Hemakshi Prabhu · 27 Dec 2025 · 4 minRead →
Intellectual Property

UAE Court of Cassation Reinforces Trademark Protection for Online-Only Brands

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 […]

Hemakshi Prabhu · 24 Dec 2025 · 6 minRead →
Intellectual Property

The New UAE Trademark Fee Framework: Resolution No. 102 of 2025 Compared with India’s Trademark Regime

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 […]

Deepshikha Das · 23 Dec 2025 · 5 minRead →
India

Deceptive Similarity Beyond Words: Lessons from the Protifix Trademark Cancellation

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 […]

Hemakshi Prabhu · 13 Nov 2025 · 6 minRead →