This article highlights a recent judgment by the Dubai Courts in favour of our client, the registered owner of the “Police” trademark in Class 25. The court ordered the cancellation of three conflicting trademarks registered by third parties, reinforcing the importance of prior rights and bad faith challenges in trademark enforcement.
BACKGROUND
Alsuwaidi & Company acted for the registered owner of the “Police” trademark in the United Arab Emirates, with protection extending to multiple trademark classes, including Class 25, which covers clothing, footwear, and headgear. Despite the client’s longstanding rights and commercial presence, two companies proceeded to register a total of three trademarks in Class 25 incorporating the word “Police.” These registrations gave rise to a likelihood of confusion and were viewed as infringing upon the client’s exclusive rights.
KEY LEGAL ISSUES
- Whether the later-filed trademarks created a likelihood of confusion with an earlier registered and used mark.
- Whether the registrations constituted bad faith in light of the client’s prior use and reputation in the market.
LEGAL FRAMEWORK AND FINDINGS
Alsuwaidi & Company initiated proceedings before the Dubai Courts seeking cancellation of the infringing marks based on prior registration, established use, and bad faith. The Court accepted the arguments and supporting evidence, confirming that the opposing registrations were likely to cause confusion and infringed the client’s rights. It found that the trademarks had been registered in bad faith and ordered the cancellation of all three registrations. The judgment has since become final and enforceable.
WHAT THIS MEANS FOR BUSINESSES
This ruling underscores the importance of trademark enforcement in the UAE and the ability of rights holders to challenge infringing registrations even after they have been formally accepted. It affirms that UAE courts will not hesitate to cancel trademarks filed in bad faith or those that threaten to dilute or infringe upon earlier rights. For brand owners operating in the region, the decision highlights the value of maintaining a proactive IP protection strategy.
Author: Fuad Attyeh
Senior Associate, Alsuwaidi & Company
Fuad advises clients on legal matters related to civil, commercial, labour, and intellectual property law. He is actively engaged in dispute resolution and frequently assists clients with commercial, employment, and IP-related matters. His broad experience and cross-disciplinary insight allow him to support businesses in both contentious and advisory capacities.
Contact Fuad directly at: f.attyeh@alsuwaidi.ae
