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Commercial Court Upholds Long-Standing Trademark Rights in Pulses Sector, Emphasising Prior Use A recent decision by a commercial court has reinforced the protection of established intellectual property, granting an ad-interim injunction against a newer entity for alleged trademark infringement. The ruling safeguards the “Laxmi” brand, a prominent name in pulses, from a deceptively similar mark, underscoring critical legal principles for businesses with international market reach, including the UAE. Background to the Dispute The case involved Laxmi Protein Products Private Limited, a well-established manufacturer and marketer of pulses. The company, through its predecessors, has been utilising the trademark incorporating the word “LAXMI” along with a distinct device since as early as 1959/1960. This mark, commonly known as “LAXMI CHHAP,” has garnered significant goodwill and common law rights over decades of continuous use and is formally registered under applicable trademark legislation. The company’s product lines, encompassing various types of dals, are distributed extensively across multiple regions and are also exported to international markets, notably including the UAE. Legal action was initiated after the plaintiff discovered a private limited company, incorporated in 2021, preparing to enter the market with pulses and moong products under the brand “ANNA LAXMI.” The plaintiff contended that this proposed mark bore a deceptive similarity to its long-established and registered trademark, posing a risk of consumer confusion. Legal Arguments and Court’s Rationale During the court proceedings, it was highlighted that the plaintiff’s “LAXMI” mark has been in active and continuous use for over six decades, significantly predating the defendant company’s establishment. The plaintiff’s representative argued that allowing the defendant to use the similar mark would cause irreparable commercial loss and dilute the substantial goodwill built over many years. Despite the defendant company holding a registered trademark for “ANNA LAXMI” in specific goods classifications, the court referenced established legal precedents, including rulings from higher judicial bodies. These precedents affirm the principle that prior user rights often take precedence over subsequent trademark registration, particularly in instances where deceptive similarity is evident and could lead to market confusion. The court ultimately concluded that the paramount need was to protect the plaintiff’s long-established intellectual property rights and prevent potential harm to its brand and consumer base. Court Decision and Regional Significance The commercial court issued an ad-interim injunction, which prohibits the defendant from using the mark “ANNA LAXMI” for pulses and moong products falling under Class 31 of trademark classifications. This provisional order is set to remain in effect until the next hearing in the matter, scheduled for December 22, 2025. For businesses operating within or exporting to the Gulf Cooperation Council (GCC) region, particularly those with a presence in the UAE as demonstrated by the plaintiff’s export activities, this judgment serves as a crucial reminder. It underscores the vital importance of robust intellectual property enforcement, the strength of prior user rights in trademark disputes, and the legal mechanisms available to protect brand integrity against potential infringement in competitive markets.

UAE Trademark System Grapples with Dormant Applications Blocking New Registrations Dubai, UAE – The United Arab Emirates’ trademark system is facing a growing challenge concerning applications that have been formally accepted but remain unregistered for extended periods, frequently impeding new trademark filings. This procedural anomaly stems from applicants failing to complete subsequent steps, such as publication or payment of registration fees, leading to a backlog of “dormant” applications on the official register. The Procedural Gap The core of the issue lies in the current UAE Trade Mark Law, which lacks a clear administrative mechanism for automatically removing incomplete applications following their initial acceptance. Furthermore, existing regulations permit the indefinite renewal of late payment penalties for publication and registration fees, allowing applicants to revive long-dormant applications by settling accumulated fines. Consequently, an application filed years ago, despite showing no progress towards registration, can theoretically remain active within the system. This creates a unique situation where applications that may no longer be actively pursued by their owners continue to occupy a space on the trademark records, effectively blocking subsequent applicants from securing protection for their brands. Impact on Brand Owners and Market Entry The ramifications for businesses can be significant. New trademark applications are frequently refused based on these older, incomplete filings. Such refusals can delay market entry, hinder product launches, complicate expansion plans, and create uncertainty for businesses seeking to attract investment or build brand value in the UAE. From both a legal and commercial standpoint, the situation raises critical questions regarding the fairness and efficiency of allowing incomplete, unpursued applications to prevent new registrations. The current framework can lead to a disconnect between the legal status of an application and the commercial reality of the applicant’s interest. Navigating Existing Remedies For businesses encountering refusals due to these long-standing incomplete applications, several options exist: Engagement with the Trade Mark Office: Rights holders may approach the UAE Trade Mark Office directly, explaining the circumstances of the earlier incomplete application. The Office has demonstrated an awareness of these practical difficulties and, in specific cases, has considered individual applications on their merits to find practical solutions within the existing legal framework. Appeal Refusal Decisions: It is crucial for new applicants to appeal any refusal decisions within the statutory deadlines. This action preserves the applicant’s rights and keeps their application active while any discussions or resolutions regarding the blocking application proceed. Cancellation Proceedings: While cancellation actions typically apply to registered trademarks, their applicability to incomplete, pending applications is limited, creating a procedural gap where unregistered rights can still impede new filings. Outlook for Regulatory Evolution This issue is a known concern among intellectual property professionals and has been the subject of ongoing discussions with the UAE Trade Mark Office. The Office’s proactive engagement in addressing individual cases reflects a commitment to a practical and business-oriented approach to IP protection. As the UAE continues its efforts to modernise its intellectual property framework, further clarity and potential reforms in this area are anticipated. Possible solutions under consideration could include: Establishing fixed deadlines for the payment of additional fines post-acceptance. Limiting the overall period during which an application can remain incomplete. Introducing administrative mechanisms for the automatic removal of dormant applications. Requiring applicants to periodically confirm their intention to proceed after extended periods of inactivity. Developing clearer guidelines for examiners when assessing new applications against long-pending, incomplete ones. Such measures would significantly enhance legal certainty, reinforce confidence in the integrity of the trademark register, and further solidify the UAE’s position as a leading regional jurisdiction for innovation and brand protection. Conclusion The UAE trademark system remains a dynamic and advanced framework in the region. While the treatment of long-pending incomplete applications presents a unique challenge, the Trade Mark Office’s willingness to engage with stakeholders and consider individual circumstances on a case-by-case basis provides a pathway for resolution. Businesses facing such impediments are advised to explore all available avenues, including appeals and direct communication with the Trade Mark Office, as the regulatory landscape continues to evolve towards greater clarity and efficiency.

UAE Intensifies Efforts Against Commercial Fraud and Counterfeit Goods with New Legal Framework Abu Dhabi, UAE – The United Arab Emirates is reinforcing its commitment to safeguarding consumer rights and protecting intellectual property through rigorous market enforcement and an updated legislative framework. The Ministry of Economy recently disclosed that it conducted 4,444 inspection tours across local markets between early 2023 and the first half of this year, resulting in the detection of 620 violations primarily related to commercial fraud, imitation, and trademark counterfeiting. Enhanced Regulatory Scrutiny The extensive inspection campaigns underscore the nation’s proactive approach to maintaining market integrity. These efforts are part of a broader strategy to continuously evolve economic policies and legislation, aiming to strengthen the consumer protection ecosystem, guarantee consumer rights, and ensure a stable market environment aligned with international best practices. Such initiatives are crucial for fostering a competitive business climate, promoting flexibility in economic and commercial activities, and solidifying the UAE’s standing as a premier global hub for trade, business, and innovation. Landmark Legislation: Federal Decree Law No. (42) of 2023 A significant development in this regard is Federal Decree Law No. (42) of 2023 on combating commercial fraud. This new law provides a robust impetus for an integrated legislative system designed to protect consumer rights and combat commercial fraud across the country, aligning the UAE with global benchmarks. The legislation establishes comprehensive mechanisms and controls to prevent the trade of counterfeit, adulterated, and corrupt products. It specifically targets the counterfeiting of original goods and all manifestations of commercial fraud, thereby ensuring fair competition and enhancing the nation’s leadership in global competitiveness indicators. Strategic Vision and Impact A senior official from the Ministry of Economy affirmed that this law marks a pivotal step in the UAE’s transition towards an economic model predicated on fair competition and innovation. The legislation is instrumental in developing the regulatory and legislative environment for the economic sector and improving the business environment and its governance, consistent with the Ministry’s strategic objectives. The official emphasized that the new law, which supersedes previous legislation on commercial fraud, is set to boost the competitiveness of the business environment for companies and trademark owners within the UAE. It aims to stimulate business innovation, reinforce intellectual property protection, and harmonizes with other federal laws pertaining to consumer protection, trademarks, copyright and related rights, and commercial agencies. The framework was developed with a forward-looking and adaptable approach to anticipate future market trends. Key Provisions of the New Law Among the most prominent outcomes of the new legislation are: Safe Purchasing Environment: Establishing a secure and reliable environment for consumers by actively combating counterfeit, imitated, and corrupt goods. Withdrawal Procedures: Organizing clear procedures for the withdrawal of counterfeit, imitated, or corrupt goods from markets and stores, including mechanisms for refunding their value to consumers. Supreme Committee for Combating Commercial Fraud: Creating a dedicated “Supreme Committee for Combating Commercial Fraud” tasked with enforcing anti-commercial fraud policies across all state markets, in close coordination with relevant federal and local authorities. These measures collectively underscore the UAE’s unwavering commitment to upholding legal standards, protecting intellectual property rights, and fostering a transparent and secure commercial ecosystem for all stakeholders.

Abu Dhabi Secures Franchise Deal for Global Entertainment Venue, Regional Trademark Protections Noted Abu Dhabi, UAE – The Emirate of Abu Dhabi is set to host a major new entertainment complex, following a commercial agreement between Abu Dhabi’s Department of Culture and Tourism and Sphere Entertainment Co. The deal marks the planned construction of the second ‘Sphere’ venue globally, after its inaugural opening in Las Vegas. Commercial and Contractual Framework Under the terms of the recently announced agreement, the government of Abu Dhabi will finance the construction of the facility. A key component of the arrangement involves a franchise fee paid by Abu Dhabi to Sphere Entertainment for the utilisation of its proprietary designs. Furthermore, annual fees are stipulated for access to creative and artistic content developed by Sphere Entertainment, underscoring a significant intellectual property licensing aspect to the commercial partnership. Details regarding the project’s financing or specific location within the Emirati capital were not disclosed at the time of the announcement. Intellectual Property and Regional Registrations Beyond the immediate project in the UAE, records indicate Sphere Entertainment Co. has also proactively filed trademark applications in other GCC nations, specifically Oman and Qatar, in addition to Japan. While these filings do not necessarily signify immediate development plans in those markets, they highlight a strategic approach to intellectual property protection across the region. Companies frequently undertake such registrations to safeguard their brand assets and designs in potential future markets. This development follows Abu Dhabi’s ongoing efforts to enhance its tourism and entertainment infrastructure, contributing to the broader commercial and regulatory landscape of the UAE. The announcement highlights a notable inbound intellectual property licensing and franchise transaction within the Gulf Cooperation Council.

UAE Bolsters Intellectual Property Framework with International Agreements The United Arab Emirates is advancing its intellectual property (IP) landscape through strategic international partnerships, signing two significant Memoranda of Understanding (MoUs) with the Spanish Patent and Trademark Office and the Moroccan Industrial and Commercial Property Office. These agreements, formalized by the UAE Ministry of Economy during the 66th Series of Meetings of the Assemblies of the Member States of the World Intellectual Property Organization (WIPO) in Geneva, aim to strengthen cooperation in the intellectual property domain. Enhancing IP Infrastructure and Practices The MoUs are designed to support the continuous development of the UAE’s intellectual property framework, ensuring its alignment with global best practices and reinforcing the nation’s standing as a hub for innovation and knowledge-based industries. A core focus of these agreements is digital transformation, talent development initiatives, and enhanced coordination in industrial property and patent registration processes. Both MoUs specifically highlight the integration of advanced technologies, including artificial intelligence, to streamline operations such as patent search and classification. Commitment to a Future-Ready IP Ecosystem A representative from the UAE Ministry of Economy emphasized the nation’s steadfast commitment to cultivating a robust and future-ready intellectual property ecosystem, alongside fostering deeper international collaboration. These partnerships with Spain and Morocco represent a crucial step towards facilitating technical knowledge exchange, optimizing registration systems, and adopting contemporary compliance standards. These strategic agreements underscore the UAE’s broader vision to champion innovation, ensure the effective protection of intellectual property rights, and cultivate a more efficient and globally integrated IP environment, supporting the nation’s long-term economic diversification goals.

UAE Cabinet Approves Revised Trademark Service Fees to Bolster IP Landscape Dubai, UAE – The United Arab Emirates Cabinet has issued a significant decision regarding the fees for trademark services administered by the Ministry of Economy and Tourism. The move, announced during a recent media briefing in Dubai, aims to enhance the nation’s intellectual property framework, streamline business operations, and attract international investment. Officials from the Ministry of Economy and Tourism underscored that the UAE is committed to developing a robust legislative and regulatory environment for intellectual property rights. Trademarks, in particular, have been identified as a critical component of this ecosystem, supported by advanced legislation such as Federal Decree-Law No. 36 of 2021 concerning Trademarks and its implementing regulations. The decision is expected to boost the UAE’s appeal to global investors and companies, while also providing support for small and medium-sized enterprises (SMEs) and People of Determination. Its objectives include improving service quality, expediting procedures for trademark registration and follow-up, and aligning the UAE’s intellectual property sector with leading international benchmarks. Significant Growth in Trademark Registrations Noted Ministry data reveals a substantial increase in trademark registrations within the UAE market. A total of 19,957 national and international trademarks were registered during the first half of this year, marking a 129 percent growth compared to the 8,711 registrations recorded in the corresponding period of 2023. The total number of registered national and international trademarks in the UAE is projected to reach 402,311 by the end of September 2025. Strategic Initiatives for Trademark Competitiveness The Ministry has been actively pursuing national initiatives to strengthen the intellectual property and trademark sectors, collaborating with both governmental and private entities. Key initiatives include the establishment of a Geographical Indications (GI) system to protect unique national products, the UAE’s accession to the Madrid Protocol in 2021 to facilitate international trademark registration for SMEs, and the launch of the ‘One Day TM Initiative’ for expedited trademark registration. Further efforts involve the ‘Beyond 71’ forum to empower local trademarks through innovation and the integration of AI technologies into intellectual property services. New Fee Structure and Exemptions Introduced The Cabinet’s decision introduces a revised fee structure for 28 trademark services, incorporating amendments, service consolidations, and the introduction of new offerings. This includes a new pathway for initial review of trademark registration applications, allowing examination within a single day. Notable fee adjustments include: Filing an infringement complaint: AED 2,250 Grievance by the party against whom an objection was dismissed: AED 7,500 Seven new trademark services have also been approved: Registration of a geographical indication: AED 6,500 One-day trademark examination: AED 2,250 Grievance against trademark cancellation: AED 5,000 Conversion of a national trademark to international: AED 400 Trademark agent registration renewal (branch of a foreign company): AED 7,500 Grievance against trademark registration refusal: AED 5,000 Examination and study of claims: AED 2,250 Additionally, the decision consolidates fees for four trademark renewal services: Renewal of trademark protection period during the final year: AED 5,750 Renewal within six months after protection period ends: AED 6,500 Renewal of monitoring and inspection mark during the final year: AED 8,250 Renewal of monitoring and inspection mark within six months after protection period ends: AED 9,750 Crucially, the decision includes provisions for exemptions: Members of the National Program for Small and Medium Enterprises will receive a 50 percent partial exemption on trademark service fees. This initiative aligns with the national campaign ‘The Emirates: The Startup Capital of the World.’ People of Determination will benefit from a full exemption, reflecting the UAE’s commitment to facilitating their access to a flexible business environment. Fees will be collected per category for applications involving a single category, and separately for each category in multi-category applications, even if submitted as one application. These regulatory enhancements are part of the broader ‘We the UAE 2031’ vision, positioning the nation as a global hub for the new economy and fostering an environment of innovation and creativity.

UAE Unveils Pioneering Digital Platform for Trademark Trading Abu Dhabi, UAE – The United Arab Emirates has taken a significant step in bolstering its intellectual property landscape with the recent launch of ‘TM Market Place,’ a first-of-its-kind digital platform in the region dedicated to the buying and selling of trademarks. This national initiative, introduced by a leading government ministry, aims to transform the intellectual property (IP) sector by creating a transparent and secure digital marketplace for registered trademarks. The launch event highlighted the platform’s role in enhancing the UAE’s innovation and competitiveness, making the country more attractive to global businesses and brands. Senior government officials attended, emphasizing the strategic importance of this development. Fostering a Knowledge-Based Economy The new platform is designed to connect trademark owners with investors and entrepreneurs in a secure environment. It aligns with the national vision to foster a knowledge-based economy and develop new economic sectors, thereby boosting the competitiveness of the business environment. According to statements made during the launch, ‘TM Market Place’ is a crucial milestone in empowering intangible business assets by enabling their fair financial valuation. By showcasing trademarks to a diverse base of investors, businesses, and entrepreneurs, the platform seeks to convert these assets into active economic resources. This initiative is particularly relevant given that many companies and individuals in the UAE hold legally protected trademarks that are not fully leveraged commercially. Ensuring Transparency and Accessibility The platform is intended to provide an integrated, reliable, and secure digital tool. It allows trademark owners to monetize their registered marks through easy and safe listing or sale, with a strong emphasis on transparency and rights protection. Furthermore, it aims to facilitate global access for investors and entrepreneurs seeking ready-made or promising trademarks within the UAE, thereby lowering market entry barriers and accelerating business growth. The ‘TM Market Place’ is also expected to support the expansion of Small and Medium-sized Enterprises (SMEs) and family businesses by enabling them to convert the value of their trademarks into usable financial assets. This facilitates the trading of intangible assets as a strategic economic resource, fostering innovation and encouraging private sector investment in brand building, research and development, and innovative products. Operational Framework and Regulatory Compliance The platform became operational immediately upon its launch. It is projected to significantly increase the market’s attractiveness to brands and enhance investment in intangible assets within its first year of operation. The overseeing government ministry will ensure that the platform adheres to both national and international intellectual property laws, utilizing unified and transparent agreements, and applying stringent consumer protection standards. All sales and transactions conducted through the platform will be limited to national and international trademarks registered within the UAE, in compliance with Federal Decree-Law No. 36 of 2021 on Trademarks. This framework is designed to safeguard the rights of trademark owners and ensure transparency and security in all digital transactions, which require user login for identity verification and secure digital payment processing. Strengthening the IP Ecosystem This initiative is part of broader national efforts to enhance the IP and trademark environment through integrated legislative and regulatory frameworks. Recent advancements include the issuance of a new trademark law and its executive regulations, a new Cabinet Resolution on trademark service fees, the development of a registration system for geographical indications, and the UAE’s accession to the Madrid Protocol. These collective efforts have contributed to substantial growth in the UAE’s trademark industry. In the first half of the current year, 19,957 national and international trademarks were registered, marking a 129 percent increase compared to the same period last year. The total number of national and international trademarks registered in 2024 more than doubled, reaching 31,537, up from 16,712 in 2023. This upward trend underscores the UAE’s commitment to becoming a leading hub for intellectual property.