How to Effectively Respond to Trademark Opposition in the UAE: A comprehensive Guide

The process of trademark registration in general can be very complex and challenging, especially when faced with a trademark opposition. If you are about to register your trademark application or have received an opposition to your trademark application, don't worry- this article will help you understand ways in which you can effectively respond to an opposition.

Understanding Trademark Opposition in the UAE

It's pertinent to understand what laws govern trademarks, so, in UAE the law governing trademarks is the UAE Federal Law no. 37 of 1992 (amended by Federal Law no. )(the Trade Marks Law). Trademark opposition in UAE is a legal procedure that allows parties to oppose a trademark application, if they have grounds to state that it is conflicting with an already existing trademark or infringes their rights.

To successfully file an opposition, you need to fulfil two conditions:

1. Prior rights: The person who chooses to file an opposition should have an existing right or a mark that may be identical or similar to the one being opposed.

2. Likelihood of confusion: The trademark which is being opposed to once filed is likely to cause confusion among the consumers.

If a person fulfils the above conditions then they can file a trademark application. Now that you have understood the basic rationale behind filing an opposition, let's see how to respond to an opposition.

Responding to Trademark Opposition

Reviewing the opposition notice:

Upon receiving the opposition notice, you need to carefully examine the grounds stated and evidence provided. Once you understand the opponents claim, it can help you formulate a statement for responding to the opposition.

Seeking Legal Help:

Engaging with a trademark attorney who is specifically well-versed in UAE trademark laws provides you with expert advice to not only draft you a well structured response but also represent you in proceedings if necessary. It is pertinent to note that a local attorney may help you better understand the UAE trademark regulations.

Preparing a detailed response:

Your response should encompass answers to all the questions and evidence stated in the opposition notice. Provide evidence and arguments that refute the opponents claim and establish a clear conclusion as to why the opposition stands no ground and why the trademark registration to be granted.

Submitting your response:

The official trademark website of the UAE government allows customers to file and respond to an objection on the website itself. The service allows customers to submit an application for responding to an objection against accepting the registration of a trademark, within thirty (30) days from the date of its announcement.

Preparation for hearing:

Sometimes the opposition notice may escalate to a hearing, and knowing and preparing for the same allows you a better perspective in terms of presenting your arguments and evidence. Here, your trademark attorney plays a crucial role in representing you.

Conclusion

In conclusion, responding to a trademark opposition in the UAE requires a strategic approach and an understanding of local trademark laws.  By carefully reviewing the opposition notice, seeking expert legal advice, and preparing a comprehensive response, you can navigate the opposition process effectively.

For further assistance with trademark opposition or any other trademark-related concerns in the UAE, reach out to Water and Shark Legal.