A brand dispute can involve several different assets at once. A former distributor may retain a familiar trading name, reuse product photographs and continue displaying a logo after the relationship ends. Before sending demands, the business needs to establish which rights it owns, what permission was granted and which conduct it wants stopped. Lawyers in Dubai can organise that assessment and connect each proposed remedy to the evidence supporting it.
This guide explains how trademark, copyright and commercial identity disputes overlap in the UAE. The practical objective is a clear claim supported by ownership records, accurate comparisons and a workable enforcement plan. An allegation that someone has copied a brand is the beginning of that analysis, rather than a substitute for it.
Identify the asset and the disputed conduct
Begin with a separate description of every asset involved: the registered mark, business name, packaging artwork, photographs, advertising copy and online material. Record where each appears and who currently uses it. The same product page might contain several assets with different owners and permissions.
Under Article 17 of Federal Decree Law 36 of 2021, a registered trademark owner can prevent unauthorised use of the mark or similar signs for relevant goods or services where the statutory likelihood of confusion test is satisfied. The registration’s coverage matters.
Photographs, original illustrations and written copy may receive copyright protection under Federal Decree Law 38 of 2021. Abstract ideas are excluded. Article 4 confirms that nonregistration does not remove statutory protection.
Compare the actual products and communications. Ask whether the concern is confusing branding, copied creative material, misleading statements or conduct outside an agreed licence. This distinction helps identify what needs proving and avoids treating every commercial disagreement as the same infringement claim.
The Ministry of Economy and Tourism’s July 2025 update recorded 31,535 registered trademarks in 2024 and, in its copyright figures, 2,763 registered IP works. These describe registration activity, not the number of infringement disputes or successful complaints. A particular brand claim still depends on ownership, the right’s scope and the challenged use.
Resolve ownership before demanding compliance
Collect registration certificates, applications, assignment documents, agency contracts and evidence of who commissioned the creative work. Record the correct legal names of the entities involved. If a company changed its name or acquired another business, explain that history and supply the supporting documents.
Article 28 of the Copyright Law contains default rules for commissioned and employee works unless otherwise agreed in writing. Qualifying work created for another person or within the specified employment circumstances can place economic rights with that person or employer. The author’s moral rights remain distinct and cannot be assigned under Article 5.
Do not resolve the issue from an invoice alone. Read the creative brief, delivery correspondence and contract together. Identify stock photographs, fonts or other components supplied under separate permissions. A business may have authority to use an overall design while needing a different answer for an individual component.
If ownership is contested between partners, preserve the correspondence explaining why the brand was registered in a particular name. Ask counsel whether the intended applicant has standing to bring the proposed complaint. Resolve gaps in the chain of ownership before making broad assertions to customers or platforms.
Read the licence against the actual use
Trademark licensing has formal requirements. Article 31 requires a written, duly authenticated agreement, while recording the licence in the register is not mandatory. Article 30 limits its duration to the trademark protection period. Article 33 permits specified restrictions, including territory, duration and effective quality control.
For copyright, Article 9 requires transfers and licences of economic rights to be written and to identify the right, purpose, duration and place of exploitation. Rights not expressly transferred remain with the author, subject to the applicable ownership rules.
Examine the agreement against the disputed activity. Did the permission cover social media advertising, modified packaging, subcontracted production or a new sales territory? Was consent required before changing the artwork? Separate a genuine disagreement about scope from a use for which no permission can be found.
Where the relationship has ended, review the termination notice, remaining stock provisions and any agreed transition period. Create a list of websites, listings, signs and promotional materials requiring attention. Ask for specific legal advice before demanding immediate destruction of stock or assuming that every continuing reference to the former relationship is unlawful.
Examine trade names and misleading commercial conduct
Commercial identity can require a separate analysis. Article 65 of Federal Decree Law 50 of 2022 allows interested parties to seek orders against unauthorised or unlawful use of a trade name, including cessation and deletion from the commercial register where applicable, without excluding compensation when justified. Articles 62 and 63 address specified misleading or fraudulent commercial conduct and false statements harming a competitor.
A trade name issue should therefore be considered alongside the trademark and copyright questions. Give counsel copies of the relevant business registrations and the precise statements complained of. Preserve customer enquiries that explain the alleged confusion, including their dates and context. Avoid rewriting those communications into a stronger allegation than the customer actually made.
Preserve evidence that supports a focused complaint
Keep original design files, dated drafts, product samples, invoices and agreements. For online material, record the complete page, URL, date, account identity and the context surrounding the disputed content. Preserve original files and messages rather than relying entirely on edited screenshots.
Prepare a comparison showing your material beside the challenged use. Identify the specific elements complained of and distinguish them from ordinary product features or material supplied by third parties. An organised comparison lets the legal team test the allegation without having to reconstruct the marketing history from scattered messages.
Record commercial consequences separately. Preserve cancelled orders, mistaken enquiries and documents supporting additional expenditure. Explain what each record shows and what remains an estimate. A claim for compensation needs an assessment of the actual loss and its connection to the conduct, rather than an unsupported headline figure.
Match the remedy to the problem
The Ministry of Economy and Tourism publishes a trademark infringement complaint service requiring a valid registered mark and supporting documents. Its copyright complaint service requires evidence of the applicant’s capacity, ownership and infringement. Check the appropriate channel and current requirements for the particular complaint.
For suspected infringing shipments, Dubai Customs offers a trade intellectual property complaint service. Its published requirements include a complaint letter and Ministry registration certificate, and its terms address a security deposit. Ask which customs recording and shipment information are needed before lodging the request.
Court protection may also be relevant. Trademark Law Article 47 permits suitable provisional measures to preserve evidence and restrain infringing goods, subject to judicial requirements. Article 48 allows a harmed trademark owner to seek civil compensation.
Copyright Law Article 35 provides urgent measures including stopping unauthorised publication and preserving relevant evidence. The applicant must bring the main civil dispute within 20 days after the order is issued; otherwise the order loses effect. Security may be required.
Ask the adviser to explain the purpose of each proposed step and any related deadline. Administrative complaints, urgent protection and compensation proceedings should fit a coordinated plan. Obtain a realistic account of the evidence still required and the costs of pursuing each stage.
Use the dispute to improve future agreements
When negotiating a resolution, specify the material to be removed, deadlines, treatment of stock and responsibility for online accounts. Consider whether future use is prohibited or allowed under clearly defined permission. Arrange for confirmation of completed steps and preserve records of compliance.
Lawyers in Dubai can also help translate the lessons into future commissioning, employment and distribution documents. Clear asset schedules and permission records make the next review easier. The strongest preparation is knowing which rights the business controls and being able to demonstrate that position promptly.
Frequently asked questions
1. Can a trademark dispute also involve copyright
Yes. A dispute over branding may also concern photographs or artwork. Assess each asset, its ownership and the alleged use separately before deciding what claims to pursue.
2. What should I bring to the first consultation
Bring registrations, creative contracts, licences, termination notices and dated examples of the disputed use. Include the business relationship history and explain the outcome you want.
3. Should I contact the other business before preserving evidence
Preserve accessible evidence first and discuss the proposed approach with counsel. A focused communication should identify the concern accurately and request a realistic response without overstating the rights involved.
4. How should a business organise the disputed brand assets
List each mark, trade name, image, design and item of copy separately. Link it to the creator, ownership documents, registration where relevant, permissions and examples of the challenged use. Identify missing records before asking counsel to make assertions about ownership.
5. What should a settlement about brand use specify
Identify the exact material, accounts and stock covered, the permitted or prohibited use, completion dates and responsibility for each step. Address any remaining licence, transition arrangement and confirmation of compliance so the practical obligations can be checked.
About the author
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.
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About the Author
Dr. Hassan Elhais publishes analysis of UAE civil law matters, including civil disputes, contractual obligations and compensation claims. For readers researching lawyers in Dubai, his writing offers insight into the legal questions surrounding these topics. Explore his published work and practice-area information for further context.
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