Posted: September 13th, 2017

procedures have been taken.

UAE Federal Trademark Law

The UAE Federal Trademark Law No.37 of 1992 was amended by the new UAE Federal Law No.8 of 2002 (the Act), which came into effect on 31st July 2002:

ARTICLE 37
Any person who commits any of the following acts shall be punished by an imprisonment and by a fine not exceeding AED 30,000 or by one of those penalties.
?    1. Whoever counterfeits a Trade Mark which is lawfully registered or imitates it in such a manner as to mislead the public, or mala fide uses a counterfeited

or an imitated Trade Mark.
?    2. Whoever unlawfully uses a registered Trade Mark owned by another party.
?    3. Whoever mala fide puts a registered Trade Mark owned by another party, on his products.
?    4. Whoever sells or offers for sale or circulation or possesses for the purpose of sale, products bearing a counterfeited or an imitated Trade Mark, or

unlawfully put, with his recognition.
?    5. Whoever intentionally offers rendering services under a forged, imitated or unlawfully used Trade Mark.

ARTICLE 38
Any person who commits any of the following acts shall be punished by an imprisonment not exceeding one year, and by a fine not exceeding AED 30,000 or by either of

these punishments:

1. Uses a mark which is inapplicable for registration according to the provisions of Article 3 of the act.
2. Writes a statement on his marks or trade papers, which leads others to believe that they have been registered.

ARTICLE 39
Any person who commits for the second time one of the offences mentioned in Articles 37 and 38, shall receive the same punishment in addition to the closure of his

commercial store or enterprise for a minimum period of 15 days and a maximum period of six months, together with the publication of the judgment at the expense of the

guilty party.

ARTICLE 40
Any person who suffers harm as a result of any of the acts mentioned in Articles 37 and 38, may file a case before the civil court to ask the person who committed such

act, for appropriate compensation suitable to the harm done.

ARTICLE 41
The owner of a Trade Mark may, at any time, even before raising any civil or criminal claim, file a petition supported by an official certificate testifying the

registration of the mark, to ask for an order from the concerned court, in order to take the necessary conservatory measures, in particular the following:

1. Making a gathering process verbal and a detailed description of machines and instruments which are being or had been used in the committal of any of the offences

mentioned in this law, as well as local or imported products or goods, store signboards, envelopes or papers, etc. on which the mark, or the statement, the subject of

the offence, may have been put.

2. Effecting the confinement on the things mentioned in the preceding item, after paying a money guarantee, to be fixed by the court, to compensate the person whose

things have been seized, if deemed necessary.

The court may delegate one or more experts to assist in implementing the conservatory measures. In all cases, the conservatory measures taken by the Trade Mark owner

shall be deemed null and void if they are not followed (within eight days succeeding the issuance of the order) by raising a civil or criminal case against whom such

ARTICLE 43
The court may, in any civil or criminal case, order the confiscation of the seized items or which may be seized later, and deduct their price from the fines or

compensations, or for the disposal thereof in any other manner deemed fit by the court. The court may also order the destruction of the unlawful marks, or, if

necessary, order the destruction of the products, envelopes, packing materials and other things which bear such marks or bear illegal statements, and machines and

instruments used in particular in the act of counterfeiting.
PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET AN AMAZING DISCOUNT 🙂

Expert paper writers are just a few clicks away

Place an order in 3 easy steps. Takes less than 5 mins.

Calculate the price of your order

You will get a personal manager and a discount.
We'll send you the first draft for approval by at
Total price:
$0.00
Live Chat+1-631-333-0101EmailWhatsApp