Thursday 21 June 2012

UAE Federal Law on Trademarks

Federal Law No. (37) of 1992
A trademark is an insignia or symbol issued by a merchant, manufacturer or a service provider on his product or service to identify it from others.

A trademark can be industrial, which is adopted by a producer to identify his goods. It can also be commercial, which is owned by an agent who buys goods from a manufacturer and resells them to consumers. A trademark can be as well a service mark adopted by a service provider to identity his service from others.

A trade mark and trade name must not be confused. A trade mark is used to identify goods, while a trade name is used to identify a commercial or industrial establishment, and not goods sold or manufactured. Therefore a trade name is usually placed on a shop or factory's façade while a trade mark is placed on goods. The United Arab Emirates Legislature sought to protect tradenames by promulgating Federal Law No. (37) of 1992 on Regulating Trade Marks, in respect of form and substance. The Law incriminates deeds such as imitation, forgery, usurping of trade marks, use of fake and imitation trade marks, or misleading other parties into believing that a trade mark is registered. The Law also regulated registration, cancellation, transfer, pledging of trade marks, as well as contracts involving use of trade marks, and marks used to signify that certain products have been monitored or inspected.


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