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Published : July 05, 2016 | Author : alrowaad
Category : Dubai laws | Total Views : 476 | Unrated

  
alrowaad
Hassan Mohsen Elhais After qualifying as a lawyer in his native Egypt within the fields of Criminal and Public Law, Mr. Mohsen Elhais has been practicing in Dubai for the past seven years. Working exclusively with Al Rowaad Advocates, Hassan is an effective leader of the company, the spokesperson and driving force. Hassan has a strong ethical stance with regards to the place of the law firm and its work on behalf of the client, from clarity on the legal process through to the fee system. Specialising in the drafting of all statement of claim, memos and consultation with regards to all kind of litigations, Hassan has worked his way through the ranks of Al Rowaad Advocates from joining as Legal Advisor to his current role as Managing Partner.
 

There is a common misconception which suggest that registering a trademark grants the party a right of ownership. Technically this may be true but it is not the registration that grants ownership over a trademark but using a trademark does.

Registering the trademark is regarded as a presumption that implies a person who submitted the request for registration is the first to use such trademark. Nevertheless, that presumption can be rebutted by a third party proving that he/she was previously using the same trademark. UAE Trademarks law stipulates that “the ministry and whoever involved shall have the right to ask for judging with striking out the trademark which may be registered with no right and the ministry shall strike out the registration whenever a final judgment is presented to it in the executive form”.

This kind of dispute usually takes place when an international body has an interest to register its international trademark within the UAE jurisdiction. In some cases such international body may find its international trademark already registered through a local entity. Therefore that international body has to go through courts in order to obtain a judgment to remove the registered trademark from the ministry’s records. The aforementioned rule was affirmed through a judgment issued at Dubai’s Cassation Court. A case was lodged through an international organization against a local entity who registered the international entity’s trademark at the UAE Ministry of Economy. The court stated in its judgment that” registering a trademark is a presumption for the priority of using it however a third party has the right to prove his priority of using it”. It is important to note that the objecting party must prove that they used the trademark in another country prior to the local entity in UAE. In other words, the burden of proof is on the international entity to prove that they have used the trademark internationally.

Without prejudice to the above mentioned rule, the law stipulates an exception to it. This exception is triggered when an entity or an individual registers a trademark and continues to use it for five consecutive years from the date of registering it without being contested by an international entity or otherwise. In case, no claim can be filled against him in respect to ownership of the trademark.

Author: Mr. Hassan Elhais, along with his team of legal consultants and prominent local lawyers across the UAE, has made a name for himself as a renowned specialist in the fields of civil law, construction law, banking law, criminal law, family law, inheritance law and arbitration.




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