Trademark, Copyright & Commercial Brand Disputes in the UAE

The current trademark regime is based on Federal Decree-Law No. 36 of 2021, which formally abrogated the prior Federal Law No. 37 of 1992. The new law was designed to be broad-based, addressing the shortcomings of the previous framework and incorporating international best practices derived from the UAE’s accession to a number of global treaties, most notably the Madrid Protocol. The law has greatly expanded the notion of what a trademark is to account for the intricacies of contemporary marketing and digital branding.

Under Federal Decree-Law No. 36 of 2021, a trademark may include names, words, symbols, drawings, pictures, packaging, graphic elements, forms, or any combination of them. The law also recognizes non-traditional marks such as three-dimensional marks, holograms, sounds, and smells.

Trademark disputes can happen during the registration process if the mark is not distinctive, is deceptive to the public, includes protected symbols, contains someone else’s trade name or personal identifiers without permission, or is the same as or similar to a mark that is already registered or has been filed. Any person having an interest may file a reasoned objection within 30 days after publication of an accepted application and the applicant shall have 30 days from notification to respond.

The Ministry of Economy manages the Trademarks Register, while the Trademarks Grievances Committee hears challenges against Ministry decisions rejecting or suspending registration. Trademark protection lasts for 10 years from the date of filing and may be renewed for further 10-year periods. However, a mark can be canceled if it has not been used for five consecutive years without a valid reason.

Where infringement occurs or is imminent, the trademark owner may seek urgent provisional measures under Article 47 by applying to the Magistrate of Summary Justice at the competent Civil Court. The court may order such measures as preserving evidence, describing the infringement, seizing infringing goods or related tools, and preventing infringing goods from entering commercial channels or being exported. The owner may also claim The owner may claim also compensation before the Civil Court under Article 48. Serious cases such as counterfeiting, bad faith use, or knowingly trading in counterfeit marks may result in imprisonment and fines of AED 50,000 to AED 1,000,000 (Articles 49 to 52). Penalties are doubled for repeat offenses, closure of the facility, and tools and materials confiscated, and the conviction being published at the offender’s expense.

The law governing commercial transactions has special requirements to protect the integrity of the brand labels throughout the supply chain. For example, Article 233 prohibits commission agents from altering the marks on the goods received from or for the account of a principal. This ensures that the consumer receives the goods in the form that they were actually branded by the manufacturer or brand owner. Article 109 also allows agreements that prohibit buyers of trademark-protected goods from selling below a certain price, although the court may invalidate such conditions for “necessary commodities”.

Above all, the new law has reduced the prescription period for commercial obligations between merchants to 5 years as per Article 110 of the law. This means that brand owners should promptly detect and react to contract breaches or unfair competition acts in order to avoid the expiry of the limitation period for their claims.

Supply chain or contractual relationships can also lead to commercial brand disputes. For instance, disagreements could arise if an agent, distributor, commission agent, or buyer misuses the brand, changes labels, sells outside agreed channels, or otherwise behaves in a manner that affects the commercial value of the brand. That is why, besides trademark and copyright protections, commercial law obligations are relevant.

The Copyright Law protects a wide variety of works, including books, smart applications, architectural designs, and works of applied and plastic arts. For commercial entities, copyright offers a powerful tool against the unauthorized reproduction of their creative branding materials.

Article 5 of Federal Decree-Law No. 38 of 2021 provides for the protection of moral rights, and Article 7 provides for the author’s right to authorize the use of the work. According to Article 20, economic rights are normally protected for the life of the author and further for 50 years, while works of applied art are protected for 25 years from the first calendar year after first publication.

Copyright is especially relevant when the dispute is about creative brand materials and not the mark itself. It can be advertising copy, website designs, product catalogs, photographs, illustrations, packaging artwork, software interfaces, or social media visuals. In these cases, the question is not so much whether a trademark has been copied, but whether protected creative work has been copied, adapted, or used without permission.

Copyright enforcement also provides for immediate court relief. Pursuant to Article 35 of Federal Decree-Law No. 38 of 2021, the author or his successor may request the Magistrate of Summary Justice to issue an order to stop the publication, display, or production of an unauthorized work, seize original copies or reproduction materials, preserve evidence of the infringement, and seize the revenues resulting from the unauthorized publication or display. The court may require a surety. The claimant shall file the main civil claim within 20 days from the order, otherwise the measure shall become ineffective.

UAE’s New Trademark, Copyright & Commercial Transactions Laws Create Stronger Framework for Protecting Brand Identity in Modern Market. These laws acknowledge that commercial brands are not just names and logos, but may also encompass packaging, creative designs, digital content, product presentation, and reputation built up through trade.

The key for businesses and brand owners is to move early. Good registration, clear ownership records, careful monitoring, and timely enforcement can help prevent misuse, counterfeiting, and unfair commercial practices. As intellectual property and commercial brand disputes grow more complex, the UAE legal framework provides practical tools to protect valuable brand assets and preserve market confidence.