RE: UAE Update on Opposition Proceedings - JAH CO.IP
RE: UAE Update on Opposition Proceedings

The Head of the Trademarks Department at the Ministry of Economy in the UAE issued a Decree No. 2 for the year 2015 on February 22, 2015, stating the following:

– IP agents should inform the Trademarks Registry of any updates regarding oppositions; e.g. lack of response, waiver of the opposition, settlement,        etc. so they can do what is necessary;
– Samples of the publication should accompany the opposition in order to calculate the opposition period;
– The fees of the hearing of AED250 should be settled in a timely manner;
– All accompanying documents should have certified translation locally;
– After the hearing, a decision will be made immediately;
– All attendees of hearing sessions should be fully acquainted with Arabic language reading and writing;
– The hearing time will be no more than 30 minutes, after which the session will be called off;
– If more documents are requested by the Opposition Committee, the agent should provide the same within three (3) days;

Though all the items mentioned are not new as they constitute the normal and ordinary process of the trademarks oppositions in UAE; however the Trademarks Registrar is impressing on the implementation of all above so as to accelerate the settlement of all pending oppositions .

Any interested party may object the registration of a trademark, and submit the written opposition to the Trademarks Registry, or send it to the Ministry by registered mail within thirty days from the date of last publication. The Trademarks Registry shall notify the registration applicant with a copy of the opposition to his application within fifteen days from the date of receiving such opposition. The registration applicant has to file a written counter statement to such opposition to the Ministry within thirty days from the date of being notified with the opposition. If the counter statement is not received within the prescribed term, the applicant shall be deemed to have abandoned his application. Before deciding the oppositions submitted, the Ministry shall hear the sayings of both parties or the party requesting such hearing. The Ministry shall issue a decision rejecting or accepting the registration. It may determine whatever limitations or conditions deemed fit in the latter case. Any interested party may petition before the Committee against the Ministry’s decision within fifteen days from the date of being notified therewith. He may appeal against the Committee’s decision before the concerned civil court within thirty days from the date of being notified with the decision. It shall not entail appeal of a decision of accepting the trademark registration that the registration procedures should be stopped unless the concerned court decides otherwise.

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