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Dubai: The use of conflicting trade names and trademarks is one of the biggest challenges faced by brand owners in the UAE and other countries, a senior legal expert said.
Omar Obeidat, partner of Al Tamimi & Co Advocates & Legal Consultants, cited incidents in the region whereby a trade name registered for one entity is also used by another company.
The problem, he added, is escalating in the GCC and reaching other Arab countries up to Jordan, involving some popular brand names in the property sector.
"You have Tameer Jordan and Tameer International as two unrelated entities. There's Conrad trademark (the Hilton-owned luxury brand) and Conrad trade name in the UAE," Obeidat said.
A trademark is a registered tagline, logo, word or other unique device used by an entity to identify and distinguish its goods or services from those of another. A trade name, on the other hand, is a name identifying the business activities for which an entity is registered.
The UAE Trademarks Law penalises violations of trademark rights and provides for criminal remedies against forging a trademark, counterfeiting and using a registered trademark without authorisation.
Brand security
Speaking at a Dubai Chamber of Commerce and Industry seminar on the emerging issues and challenges in trademarks, Obeidat stressed the need to enforce brand security in the UAE whose economy revolves around the construction industry.
"In a country with over 200 towers built in two years, it's important to protect the names of property projects. [A big part] of the economy is built around construction. A lot of money is poured in building luxury hotels and tourist projects. If their names are not properly protected, it's difficult to have a fair and rewarding economy," Obeidat said.
Jehad Kazim, manager of Dubai Chamber's Business Desk, said many companies spend millions of dirhams to build and protect their corporate identities, so it is equally important that trademark ownership is not infringed upon.
Corporate identity
"Most countries today have laws that enable the brand owners to claim the title of their brands as many companies have already taken the first step towards branding by articulating a philosophy aimed at building a corporate identity," Kazim added.
Obeidat said the UAE's trademarks law complies with most of the conditions laid down by the World Trade Organisation as part of its Trade-related Intellectual Property Rights (Trips) agreement.
While the country's law is on a par with global standards, Obeidat said it is up to brand owners to take legal actions and authorities to enforce the law.
"The legislation cannot address any problem faced by a trademark owner. It just lays down the principles and it's up to enforcement authorities to implement those principles properly and it's up to brand owners to build and enrich the court precedence. You can't wait for a country to have a ready-made court precedence," Obeidat said.
"The homework starts with the brand owners. It's up to them to stop the conflict," Obeidat added.
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