Trademark registration: defined protection, not unlimited exclusivity

A company trade name and a trademark are separate registrations. The name on an economic licence is not itself a trademark certificate. Before investing in packaging or advertising, check the proposed name and logo against relevant existing marks and identify the correct applicant and intended owner.

Assess protection against the goods and services in the registration and your target markets. Classes matter, but similarity is not determined solely by whether class numbers match. UAE registration does not automatically confer worldwide rights; consider national filings or the Madrid System and each target country’s requirements.

Under Trademarks Law No. 36 of 2021, registration protection lasts ten years from the application date and can be renewed for similar periods. Track renewal dates and documents from the outset. “Unlimited protection” should not suggest that renewal is unnecessary or that a registration is immune from cancellation or challenge.

Licensing use is different from selling ownership. A licence should clearly address goods or services, duration, territory and quality control, with the required writing and notarisation. Ownership transfers need the relevant recordal and publication to take effect against third parties; a private agreement is not the end of every formality.

If you suspect infringement, gather your registration and precise examples of the other party’s use, website or shop details, dates and purchase records. The appropriate notice, complaint or court action depends on conduct and evidence. Registration does not guarantee success in every dispute or justify unsupported public accusations against a competitor.