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Amendments to Trademark Laws

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Dez 16, 2021 (Newsletter Issue 18/21)
United Arab Emirates
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Extensive Legislative Reform - New Trademark Law Issued

The United Arab Emirates (UAE) is undergoing a major legislative reform. New draft laws covering more than 40 laws have been introduced in the UAE, including the Trademark Law.

The UAE has issued a new Federal Trademarks Law No. 36 of 2021 (New Law), which will come into effect on January 2, 2022. The New Law will completely replace Federal Law No. 37 of 1992.

Some of the changes are as follows:
- Non-traditional trademarks such as 3D trademarks, single colour, holograms, sound and smell can be registered.
- Geographical indications can be registered.
- Penalties for trademark infringement have been strengthened.
- A Complaints Committee has been established to hear all objections to decisions issued by the Trademarks Office with respect to applications, oppositions, and cancellations.
- All decisions issued by the Complaints Committee can be appealed before the Federal Court of Appeal instead of the Court of First Instance.
- The New Law regulates the rights of a prior user of a trademark to cancel a trademark.
- The Ministry of Economic Affairs now receives requests for cancellation of trademarks.
- Trademarks registered in bad faith can be excluded, which is in line with the Paris Convention.
- Trademark licences no longer have to be registered with the Ministry under the New Law.

The implementing regulations provide for detailed procedures. They have yet to be defined and issued.

More information can be seen here