A copied label, a misleading online shop or a shipment of suspected counterfeit goods can require different legal responses. Business owners searching for the best lawyers in Dubai should ask how the adviser will establish the rights involved, preserve evidence and select the appropriate enforcement route. A claim needs more than a visual comparison between two logos.
This article explains how to prepare a trademark infringement matter in Dubai and assess the proposed legal work. The first priority is to connect the alleged conduct to the correct owner, protected mark, goods or services and responsible business. Those details help determine whether the immediate objective should be preserving evidence, stopping distribution, resolving a registration dispute or claiming compensation.
Federal Decree Law No 36 of 2021 governs UAE trademarks. Article 17 addresses the registered owner's right to prevent unauthorised commercial use meeting the statutory conditions, including the relationship between the goods or services and likely confusion. Similar appearance alone does not answer the complete legal question.
Give the adviser the registration certificate, current register information and documents recording ownership changes. Identify the exact version of the mark used by each business. A certificate held by one company in a corporate group should not simply be treated as belonging to every associated company. If a licensee or distributor is reporting the conduct, provide the agreement and explain who is authorised to act.
Separate counterfeit goods from a disagreement over distribution, licensing or genuine stock. The supplier's invoices and the history of permission may be as important as the packaging. Article 46 contains exceptions to the customs suspension provisions, including goods marketed in the exporting country by the trademark owner or with its consent. It should not be assumed that every unauthorised import is counterfeit.
The Ministry of Economy and Tourism reported 33,874 national and international trademark registration applications in the UAE in 2024 and 31,535 registered trademarks that year. Applications and registrations are separate measures of registration activity; neither is a count of infringement complaints. A particular enforcement claim still requires evidence of the protected right and the challenged use.
Prepare a dated account of when and where the suspected misuse was discovered. Identify each shop, website, seller account and product listing separately. Keep order confirmations, invoices, delivery details and product packaging together so that the connection between the seller and the item can be assessed. Record what was personally observed and what came from another person.
For online evidence, preserve the full address, date and surrounding context. Keep original files and messages rather than relying entirely on a cropped image. Articles 53 to 64 of the UAE Evidence Law recognise electronic evidence and regulate its production and evidential value. They do not make every screenshot conclusive proof of its contents or authorship.
Where a sample purchase is proposed, discuss the method and documentation with the legal team before proceeding. Avoid altering labels or mixing samples from different sellers. A product comparison should identify the features said to show counterfeiting and the basis for that conclusion. The manufacturer may be able to provide technical information about genuine products, serial numbers and authorised packaging.
Dubai's Department of Economy and Tourism provides an IP Gateway route for rights holders. Its published registration service requires a valid trademark or commercial agency certificate, with additional documents for legal representatives or agents. Approval of the certificate enables the holder to file relevant infringement cases through that service.
Ask the adviser to explain why the chosen authority can address this particular seller and activity. Provide the business address, licence details if available, ownership documents and supporting evidence. An administrative complaint, a customs application and a civil court claim serve different purposes. The proposed work should identify what each application is intended to achieve and what further proceedings might remain necessary.
A demand letter may be appropriate where the evidence and commercial relationship support negotiation. Its wording should identify the right, alleged conduct and requested remedy accurately. Before notifying the other business, consider whether evidence or stock may disappear and whether an urgent application should be assessed first.
Dubai Customs offers trademark recording for customs protection. Its service lists a valid trademark registration certificate and an authenticated and translated power of attorney among the required documents. Recording a mark supports customs protection; it is distinct from obtaining the underlying trademark registration.
Useful shipment information may include the importer, supplier, transport document, expected arrival and product description. Explain which information is confirmed and which remains an estimate. A broad allegation without enough detail to identify the goods may make the requested intervention harder to implement.
Article 24 of Cabinet Resolution No 57 of 2022 regulates customs suspension applications and supporting evidence. After notification of a suspension, the rights holder must bring the substantive claim and notify the relevant authority within ten working days. A permitted extension may add up to ten working days. Missing the applicable period can cause the suspension decision to lose effect.
The legal team should therefore confirm the notification date, filing responsibility and documents required immediately. Customs recording should be maintained alongside the business's registration and ownership records, rather than addressed for the first time after a shipment has arrived.
Article 47 permits specified precautionary measures for actual or imminent infringement and allows the judge to require security. The substantive claim must follow within twenty days from the order or notification rejecting the relevant grievance, as applicable; otherwise cancellation may be sought. Article 48 separately permits a compensation claim for harm arising from infringement.
Ask which goods, evidence or proceeds the proposed application would cover. The request should be capable of practical execution, with an identifiable location and sufficient description. A temporary measure does not itself decide every issue in the underlying dispute.
For compensation, assemble sales records, cancelled orders and customer complaints that may help explain the alleged loss. Distinguish observed financial effects from assumptions about reputational damage. The estimate should explain its method and avoid treating every sale by the other business as an established loss to the claimant.
Criminal liability also requires separate assessment. Articles 49 and 50 address specified conduct, with knowledge or bad faith requirements where stated. An infringement allegation does not automatically establish every element of a criminal offence.
When comparing the best lawyers in Dubai for a trademark matter, ask who will assess registration, manage authority complaints and conduct any litigation. The Dubai Legal Affairs Department directory helps check professional registration and licensed firms. It expressly does not identify specialisations or endorse a particular provider.
Request a written scope explaining the proposed stages, responsible professionals and reporting arrangements. Articles 46 and 49 of the federal legal profession law address written fee arrangements and the work covered. Confirm whether the quotation includes urgent applications, expert work, translation, appeals and enforcement, and distinguish professional fees from external expenses.
The initial advice should identify missing evidence and explain how it affects the options. If settlement is feasible, discuss measurable obligations concerning stock, online listings, future use and compliance dates. Any agreement should reflect the parties' actual authority and the commercial outcome sought.
No. The analysis must consider the protected right, the use complained of, the relevant goods or services and the applicable legal test. Supply the complete packaging or listing and information about any existing permission. A side by side image is a useful starting point for investigation, but it does not resolve those questions.
No. Dubai Customs describes its recording service as protection for rights already registered with the responsible ministry. Its document requirements include a valid registration certificate. The lawyer should check both the underlying registration and the customs record before relying on a border enforcement strategy.
Ask for an assessment of ownership, evidence, urgency, the appropriate authority and the proposed costs. Searching for the best lawyers in Dubai should lead to those practical questions. Obtain clarity about who will act, the documents still needed and the next procedural deadline before agreeing the engagement.
Keep a dated record of the seller, location, product listing, order details and packaging. Preserve the original files and explain which facts you observed yourself. Ask the legal team how any sample purchase or product comparison should be documented before taking further steps.
Identify the products, quantities, locations, online listings and parties responsible for each action. Ask how the agreement will record authority, deadlines and evidence of compliance. The terms should explain the required treatment of stock and future use rather than leave those practical points to an informal understanding.
Dr. Hassan Elhais is a Senior Legal Consultant at Amal Al Rashedi Lawyers and Legal Consultants in Dubai. He advises on UAE family, civil, commercial and criminal law matters.
اتصل بنا
اتصل بنا
