Essential Guide to Trademark Infringement in UAE: How to Identify, Act and Protect Your Brand
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What Is Trademark Infringement in the UAE?
Which Law Governs Trademark Infringement?
How to Identify Trademark Infringement
Is an Unregistered Trademark Protected?
Enforcement Routes Compared
Step-by-Step: What to Do When You Find Infringement
Legal Protection and Remedies Under UAE Law
How to Prevent Trademark Infringement
How Stepping Stones Helps
FAQs
Introduction
This guide is for business owners, online sellers and foreign brand owners who protect a brand in the UAE. It explains what trademark infringement means under Federal Decree-Law No. 36 of 2021.
You will learn how to confirm infringement, which authority to approach, what each route costs and how to keep your brand protected over time. Each section answers one question, so you can go straight to the step you need.
If your brand is not yet registered, start with our guide on how to register a trademark in the UAE.
What Is Trademark Infringement in the UAE?
Trademark infringement in the UAE is the use of a registered trademark, or a closely similar sign, on related goods or services without the owner's consent, in a way that may cause confusion.
Article 17 of Federal Decree-Law No. 36 of 2021 gives the registered owner exclusive control over how the mark is used. The right covers every sign the law protects. This includes words, logos, shapes, colours, packaging, 3D marks, holograms, sounds and smells.
Infringement vs Counterfeiting
Counterfeiting is a specific type of infringement. It involves exact copies of a mark on goods presented as genuine products. Every counterfeit case is an infringement, while infringement also covers many simpler cases.
A similar name used for related services is a typical infringement case. Imitation branded perfume is a typical counterfeiting case. The law gives brand owners stronger remedies in counterfeiting cases.
Who Can Take Action?
The registered owner holds the primary right to act. A licensee can also act when the licence is recorded in the Trademarks Register at the Ministry of Economy and Tourism (MoET). Our guide to trademark licensing and franchising explains this step.
The owner's name must match the register. If the brand has changed hands, record the trademark ownership transfer before you file a complaint.
Which Law Governs Trademark Infringement?
Federal Decree-Law No. 36 of 2021 on Trademarks governs trademark infringement in the UAE. The UAE issued it on 20 September 2021, and it took effect on 2 January 2022. It replaced Federal Law No. 37 of 1992.
Cabinet Resolution No. 57 of 2022 sets out the Executive Regulations. These regulations explain the filing, objection and complaint procedures.
Three parts of the law matter most for infringement:
- Article 17: the owner's exclusive rights over the registered mark
- Article 47: urgent precautionary measures through the court
- Articles 49 to 52: remedies and sanctions that protect brand owners
Other laws can apply alongside it. Federal Law No. 19 of 2016 on Combating Commercial Fraud supports fair trade in genuine goods. The UAE is also a member of the Paris Convention, the TRIPS Agreement and the Madrid Protocol.
How to Identify Trademark Infringement
UAE authorities confirm infringement when three conditions are met. Check each one before you take action.
The Three-Part Test
- Valid registration: your mark is registered in the UAE, and the registration is in force.
- Use in commerce: the other party uses the sign in trade, not for private use.
- Likelihood of confusion: an average buyer may link the two marks or think they come from the same source.
Visual, Phonetic and Conceptual Similarity
Authorities compare the two marks as a whole. They look at three layers:
- Visual: letters, shapes, colours and layout
- Phonetic: how the mark sounds in English and in Arabic
- Conceptual: the idea or meaning behind the mark
An Arabic translation or transliteration of your mark can also infringe. The law protects your mark against copies, imitations, translations and Arabized versions.
The goods and services also matter. The closer the products, the stronger your case. Your certificate lists your classes under the Nice Classification, which has 45 classes.
Common Forms of Infringement
- A lookalike logo or packaging on similar products
- A similar brand name for related goods or services
- Imitation goods in shops or warehouses
- Online marketplace listings that feature your mark
- Social-media pages or ads that resemble your brand
- Domain names that contain your mark
Trade names and trademarks are separate rights in the UAE. A registered trademark gives its owner exclusive use of the mark, whichever trade names other businesses hold.
Is an Unregistered Trademark Protected?
Registration is the standard basis for action in the UAE. The trademark law protects marks registered in the UAE, and most authorities ask for a valid UAE certificate before they accept a complaint.
Two limited exceptions exist. Owners of well-known marks receive wider protection. A genuine prior user can also ask to cancel a later registration filed by another party. These claims rely on detailed evidence, so registration offers the clearest path.
The simplest step is to register early. Our team handles trademark registration in UAE from the first search to the final certificate.
Enforcement Routes Compared
The UAE offers five enforcement routes. The right choice depends on where the infringement happens and what outcome you want.
| Route | Authority | Best For | Official Fee | Typical Time |
|---|---|---|---|---|
| Administrative complaint | Ministry of Economy and Tourism | Brand protection anywhere in the UAE | AED 2,250 | About 15 working days |
| Emirate-level complaint | Dubai DET via the IP Gateway, or the economic department of the relevant emirate | Shops, stores and warehouses; inspections and seizures | AED 2,000 case fee + AED 1,000 inspection (up to 3 sites); AED 300 per extra site; AED 2,500 per warehouse | Depends on the case |
| Customs action | Dubai Customs IPR Department; recordal also in Abu Dhabi, Sharjah, Ajman and Ras Al Khaimah | Imports, exports and goods in transit | Recordal AED 210 per class; complaint AED 2,010 + AED 5,010 deposit (refunded if the complaint is valid) | Per shipment |
| Civil action | Civil Court; Magistrate of Summary Justice for urgent orders | Compensation, court orders and urgent measures | Court fees based on claim value | Urgent orders are fast; full cases take months |
| Criminal complaint | Police and Public Prosecution | Large-scale counterfeit cases | Varies | Varies |
These routes can run together. Many brand owners record the mark with Customs, file an administrative complaint, and then claim compensation in court.
Fees are the official government fees listed on each authority's website on 12 October 2026. Professional fees are separate.
Step-by-Step: What to Do When You Find Infringement
A clear plan saves time and keeps your options open. Follow these six steps in order.
Step 1: Confirm Your Rights
Check that your registration is in force and covers the right classes. Confirm that the owner name matches your trade licence or passport. You can also search for similar marks in the WIPO Global Brand Database.
Step 2: Capture Evidence
Collect evidence early, while it is easy to access. Useful evidence includes:
- Photos of the products, signs or packaging in question
- Test purchases with receipts
- Dated screenshots that show the full URL
- Seller names, addresses and licence details
- Your genuine product next to the item in question, with a list of similarities
Step 3: Send a Cease-and-Desist Letter
UAE law does not require a warning letter before you take action. A letter still settles many cases quickly and amicably, especially good-faith ones. It also creates a clear record that you shared your rights.
For clear counterfeit cases, direct action through the authorities is often the more efficient route.
Step 4: Choose Your Route
Use the comparison table above. Pick the authority that matches the location of the infringement and your goal.
Step 5: Prepare Documents and File
Most authorities ask for:
- A copy of the valid trademark registration certificate
- A power of attorney, notarised, attested and translated into Arabic, if an agent files for you
- A trade licence or ID copy of the owner
- Your evidence file
Foreign brand owners need their power of attorney legalised for UAE use. Our document attestation team manages this process.
Step 6: Follow Up and Monitor
Respond quickly to any request from the authority. After the decision, continue routine brand monitoring.
Legal Protection and Remedies Under UAE Law
Federal Decree-Law No. 36 of 2021 gives registered brand owners strong legal protection. For the most serious cases, courts can impose fines from AED 100,000 to AED 1,000,000, imprisonment, or both. These cases include:
- Knowingly using a forged or counterfeit mark for commercial purposes
- Holding tools or materials to forge a registered or well-known mark
- Knowingly importing or exporting goods with a forged or counterfeit mark
The law also covers selling, offering or holding for sale goods that carry an imitation of a registered mark.
Remedies for the Brand Owner
Authorities and courts can order:
- Removal of the goods and related tools from the market
- An order confirming the owner's exclusive use of the mark
- Compensation for the owner, based on the actual impact on the business
Urgent Measures Under Article 47
Article 47 lets the owner ask the Magistrate of Summary Justice for urgent orders. The court can preserve evidence, record the infringement, seize goods and tools, and stop goods from entering trade or leaving the country. This option gives brand owners a fast way to secure their position.
How to Prevent Trademark Infringement
Proactive protection is simple and keeps your brand strong. These seven habits give the best protection.
- Register early in every relevant class. Cover your current products and the ones you plan to launch. Our trademark registration services include a clearance search before filing.
- Record your mark with Customs. Customs officers can then identify and hold imitation goods at the border. Dubai Customs charges AED 210 per class, and the recordal stays valid while your registration is valid.
- Watch new filings and object early. The Ministry publishes accepted marks before registration. You can file an objection through the MoET trademark services portal.
- Monitor online channels. Check marketplaces, social media and new domain names every month.
- Record licences and transfers. A recorded licence lets your licensee act, and a recorded transfer proves current ownership.
- Protect your artwork too. Logos and packaging designs can also qualify for copyright registration.
- Extend protection abroad. GCC sellers can add trademark registration in Saudi Arabia. Global brands can use the WIPO Madrid System through our international trademark registration service.
Renew your mark every 10 years to keep these rights active.
How Stepping Stones Helps
Stepping Stones has supported brand owners in the UAE since 2019, with more than 2,500 completed works. Our team guides you from the first search to full protection.
- Trademark search, clearance and registration in the UAE, GCC and worldwide
- Power of attorney and document attestation for foreign owners
- Preparation of complaint files for the Ministry, economic departments and Customs
- Ongoing monitoring and renewal reminders
- Referrals to trusted legal partners when a court case is needed
Related Services and Guides
Services
- Trademark Registration in UAE
- International Trademark Registration
- Copyright Registration
- Document Attestation
Guides
External Resources
- Federal Decree-Law No. 36 of 2021 on Trademarks: the full text of the UAE trademark law
- MoET: Complaints against Trademark Infringement: the federal complaint service
- Dubai DET: File a Trademark Infringement Complaint: complaints and inspections in Dubai
- Dubai Customs: Brands Recording System: border protection for registered marks
- WIPO Global Brand Database: free search for similar marks worldwide
Next Steps: Protect Your Brand Today
- Confirm your UAE registration is valid and covers the right classes.
- Collect and date your evidence.
- Choose the enforcement route that fits your case.
- Prepare your documents and file.
For help at any step, speak to our IP specialists. We will review your case and recommend the clearest route forward.
Frequently Asked Questions
Trademark infringement is the use of a registered mark, or a closely similar sign, on related goods or services without the owner's consent. The use must be in trade and likely to cause confusion. Copies, imitations and Arabic translations of a protected mark can all qualify.
UAE law gives registered brand owners strong protection. In the most serious cases, such as knowing use or import of counterfeit marks, courts can impose fines from AED 100,000 to AED 1,000,000, imprisonment, or both. Authorities can remove the goods from the market, and courts can award compensation to the owner.
Registration is the standard basis for action, and most authorities ask for a valid UAE certificate. Well-known marks and genuine prior users have limited exceptions. These claims rely on detailed evidence, so early registration remains the simplest protection.
You can file with the Ministry of Economy and Tourism, the economic department of the relevant emirate, or Customs for goods at the border. Civil claims go to the Civil Court. Counterfeit cases can be referred to the police or the Public Prosecution.
The Ministry of Economy and Tourism charges AED 2,250 per complaint. Dubai Customs charges AED 2,010 plus a refundable AED 5,010 deposit. Dubai DET charges an AED 2,000 case fee plus inspection fees. Professional fees are separate.
No. UAE law does not require a warning letter before legal action. A letter is still a quick and low-cost first step for many cases. For clear counterfeit cases, direct filing with the authorities is often more efficient.
Yes. A licensee can take action when the licence is recorded in the Trademarks Register at the Ministry of Economy and Tourism. Record every licence soon after signing, so your licensee is ready to act.
Record your registered trademark with Customs. Dubai Customs charges AED 210 per class, and Abu Dhabi, Sharjah, Ajman and Ras Al Khaimah run similar systems. Customs officers can then hold suspected imitation goods and contact you.
