Analysis of Trademark Laws in USA, UK, and UAE

Trademarks are, generally, words, names, symbols, devices, designs, or other distinctive signs or stamps which serve to recognize the wellspring of merchandise or benefits and recognize them from those sold by others.[1] Trademarks are usually of names, logos, symbols, devices, etc., representing an individual entity. For instance, the ‘M’ for McDonald’s has a ‘™’ to it specifying the distinction of its source.

Trademarks are essential as they show how viable the product is. They have been used by companies that have a brand value attached to them. It offers quality and ensures the customers’ product safety is received; this also saves the company from fraudulent misuse of their brand name or logo.

Trademarks promote enterprise, both locally and globally, by providing owners of trademarks with recognition and profit. Trademark protection also hinders unfair competitors’ efforts, such as counterfeiters, to use similar distinctive signs to market their products and services. Trademark law allows people with skill and enterprise to produce and market goods and services more profitably, thereby facilitating domestic and international trade. Moreover, trademarks can protect consumers from unwittingly paying a premium for inferior products.[2]

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Brands play a significant role in the socio-economical out a way for the people. The quality of a product is essential in the growth of a brand and the shareholders. To facilitate the whole system of intellectual property, independent trademark laws have been brought out in countries for the ease of business and to protect the companies against fraud.

Rochelle Dreyfuss observes that, in recent years, trademarks have begun to serve an additional purpose, of “becoming products in their own right, valued as indicators of the status, preferences, and aspirations of those who use them.[3] As putting the concept in simple terms by Robert N Klieger, the Trademark makes tomorrow’s business something more than an accident.[4]

US Laws

The US trademark framework accommodates both government and state assurance of brand names. Regardless of whether under government or state law, enlistment is anything but essential for enforceable rights. The principal statute dealing with Trademark and unfair competition law in the United States is the Lanham Act, 15 USC Section 1051 et seq. The Act had been altered on various occasions since its effective date more than 70 years ago. The amendments have, among other things, made dilution of famous trademarks a federal offense; provided statutory damages as a remedy against sellers of goods bearing counterfeit marks; permitted the filing of applications for registration based on an intent to use, and created a private cause of action against cybersquatting.[5]

The Lanham Act governs the enforcement of trademarks, service marks, and unfair competition. It provides authority from the USPTO, which is the US Patent and Trademark Office, to register marks used in interstate or foreign commerce.[6] As a general rule, registration is not expected to get brand name rights or authorize a brand name. Instead, the first body to use a distinctive mark, in the beginning, to utilize a particular mark in business may guarantee rights to that Trademark for the merchandise or organizations with which the imprint is utilized. The proprietor of an unregistered trademark may not use the ‘®’ mark, as it may be used only proceeding or in connection with a registered mark; however, the holder of an unregistered mark might use the ‘™’ symbol to put others on the announcement that it claims rights to a mark.[7]

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As the US Supreme Court has suggested that a trademark is an elaborative form to display the quality of production and to maintain the benefits of a good reputation.[8] Therefore, in the US system, the goodwill is considered over the registration and substantive clauses. The Supreme Court, while quoting the  same stated, “In truth, a trademark confers no monopoly whatever in a correct sense, but is merely a convenient means for facilitating the protection of one’s goodwill in trade by placing a distinguishing mark or symbol-a commercial signature-upon the produce or the package in which it is sold.”[9] Trademark rights can be lost through indecorous licensing, assignment, genericity, or abandonment. If the use of a trademark is licensed without adequate quality control or supervision by the trademark owner, the Trademark will be cancelled. [10]

The language of the statue is somehow or another predictable, with this limited the vision of the extent of Federal protection. Under the Act, a firm initially should select an imprint that is equipped for recognizing its merchandise. Under state law, a trademark need not be famous in order to give rise to a weakening claim. Instead, dilution is available if-

(1) the mark has “selling power” or, in other words, a distinctive quality; and

(2) the two marks are substantially similar. [11]

The steady development in the subject matter and scope of trademark law has not gone disregarded, and legal scholars have long called warnings about the dangers of overly well-developed trademark rights.[12] The laws are based on the gravity of good-faith and the vitality of the owner. If any hindrance is found from the plaintiff, the court decides based on natural justice.

UK Laws

The United Kingdom has a history of trademarks and indictive marks on its products from the 16th Century before the rule of King James I. All these rules were merely in good conscience, and finally, the these were complied with and codified in the Trade Marks Registration Act 1875. These gave the traders a sense of ethics and gave powerful rights to their proprietors and are very important and valuable assets.

Trademark registration is a fairly more organized sector in the United Kingdom as compared to the United States. For the application of a registered trademark, a body has to do the following-

  1. They can register a trademark by applying to the United Kingdom Intellectual Property Office (abbreviated to the UKIPO).[13]
  2. The second option is to file an application with the EU Intellectual Property Office (abbreviated to the EUIPO). The main profit of applying for an EU trademark is it covers all EU member states (including the UK), so you save the money and time of having to make distinct applications in multiple national intellectual property offices.[14]
  3. Lastly, an application can be made using the Madrid Protocol. This allows a home trademark recording or application to form the basis of an application for a so-called international registration. This claim is filed with the International Bureau of the World Intellectual Property Office (or WIPO).[15]

It is to be standard that the trademark laws of the United Kingdom include England, Wales, Scotland, Northern Irelands, and the Isle of Man, and the people of these can only apply for Trademark by the following process. Due to the high level of harmonization in trademark law within the European Union and its member states, Brexit will have a substantial effect on trademark protection in the United Kingdom. First, Brexit would mean that EU trademark protection would no longer extend to the United Kingdom. Not even an often-mooted membership of the EEA as a form of soft Brexit would enable the unitary right to extend to the United Kingdom.[16]

Implementation of trademark rights in the United Kingdom is predominately a civil matter. Both recorded Trademark and passing-off entitlements can be outlooked in the High Court (Chancery Division), as well as in the IP Enterprise Court. Judges in these courts tend to be IP experts. Claims at the Intellectual Property Enterprise Court can be multi-track or small entitlements track; the track chosen has inferences for the remedies available to the proprietors. The ensuing part features an unusually large number of cases this year in relation to “exhaustion of rights” which provide an important role in ensuring free movement of goods within the single market of the claimant.[17]

The administrator of a mark cannot exercise total control over every use of the Trademark; he will, however, be able to an agreement with it like most other property rights by, for example, by assigning, licensing, and mortgaging it. [18]This view surfaced in Arsenal v Reed[19] where it was held that the primary function of a trademark is the origin function.

EU trademark law contains a variety of specific defenses and other limitations on the exclusive rights conferred upon Trademark the EU. Set out under Article 15 of the 2017 EUTM Regulation and Article 7 of the 2008 TM Directive, “exhaustion” acts as a limitation of the exclusive rights provided to EU trademark owners.[20]

UAE Laws

The trademarks in UAE is similar to that seen under the general concept that trademarks are names, words, signatures, letters, figures, illustrations, logos, titles, hallmarks, seals, pictures, patterns, declarations, packets, or any other symbols or group of marks if they were used or proposed to be used either to extricate goods, products or services from whatever sources, or to show that certain services, belongings or products belong to the owner of the Trademark, because of their delivery, manufacturing, selection or trading. The voice accompanying a trademark is considered a part of it. [21]It is governed by the Federal Law No. 37 of 1992 on Trademarks.

The enlisted brand name will be under legitimate assurance in UAE for a long time since the date of authentic TM enrolment. To keep the brand name in power following ten years – the proprietor should pay extra authority fess to the UAE Ministry of Economy for additional augmentation. The amount of expansions for brand name endorsements isn’t restricted.

The UAE Trademark Law contains no direct causes of action for what is frequently referred to as ‘trademark infringement’ in other jurisdictions. Rather, Articles 37 and 38 set out criminal offences focused on fabricating and emulating trademarks. The phrasing of the offenses can make it problematic to bring actions against anything other than the direct counterfeit.[22]

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The lawsuit before the courts includes very little oral advocacy. Instead, written pleadings are exchanged during each hearing. There are usually several rounds of pleadings before the court adjourns to issue its decision. Cases are heard by the bench; there are no jury trials.[23] The work of witnesses to provide oral evidence – particularly in civil cases – is possible but very rare. Authorities may be appointed by the court to provide an opinion on technical or complex matters.[24] The UAE is expected to implement the GCC Trade Mark Law in the coming months. The government has also announced the setting up of specialized IP Courts, which are expected to be in operation soon.[25]

The Trademark Law likewise gives criminal solutions for the encroachment of brand names as fines and additionally detainment. You can likewise make a move against brand name encroachments through Dubai Customs, which has the order to quit encroaching items prior to entering the nation, in this way making your brand name assurance more productive and secure.

Therefore, it is seen that trademarks all over the world are similar and follow the common strategies laid down by the World Trade Organisation. A trademark is the most valuable asset of a business to upkeep its prestige; therefore, it is more important to register the business trademark and to keep an updated. Usually, a trademark is registered for ten years, depending on the laws of each country. It is important to maintain trademarks by brands, especially well-developed brands. Any counterfeit in the following should be brought into action in the courts as many countries have

[1] Brian Farkas, Which Protection Do I Need: Patent, Copyright, or Trademark? NOLO,

[2] Michael Cosgrove et al, Case Study:  Trademark Infringement Issues,7 JOURNAL OF BUSINESS CASE STUDIES,19, 19-26 (2011)

[3]Jeanne C. Fromer, The Role of Creativity in Trademark Law, 86 THE NOTRE DAME LAW REVIEW,1885, 1892-93,(2011)

[4] Ibid.

[5] Roberta Jacobs & Lesley McCall Grossberg,United States, THE LAW REVIEWS,(Oct 2019),

[6] Jessica Hiney &Lisa M Mottes, Trademark procedures and strategies: United States, WTR, (29 Mar 2017),

[7] Ibid.

[8] Park ‘N Fly, Inc. v. Dollar Park ‘N Fly, Inc., 469 U.S. 189, 198 (1985)

[9] United Drug Co. v. Theodore Rectanus Co, 248 U.S. 90 (1918).

[10] TradeMark Law, HG.ORG,

[11] Mead Data Central, Inc. v. Toyota Motor Sales, U.S.A., Inc., 875 F.2d 1026 (2d Cir. 1989).

[12] Ralph S. Brown, Jr., Advertising and the Public Interest: Legal Protection of Trade Symbols, 57 Yale L.J. 1165, 1177-80 (1948)

[13] Charlie Bond, UK: The Basics of Trade Mark Law, MONDAQ, (Nov 20,2017),

[14] Ibid

[15] Ibid

[16] Marc Mimler, The Effect of Brexit on Trademarks, Designs and Other “Europeanized” Areas of Intellectual Property Law in the United Kingdom, British Institute of Comparative and Operative Law, (Dec 2017),


[18] All Answers Ltd. November 2018. Trademark Systems in the UK. [online]. Available from:

[19][2003] EWCA Civ 696

[20] Trademark Infringement, 109 TRADEMARK REP. 532 (2019).

[21] Intellectual Property, Information & services,

[22]  David Harper,UAE – Trademark Litigation 2017 (A global guide), CWB LEGAL, (Oct 21,2016),

[23] Ibid.

[24] Ibid.

[25] Maria Farrukh Irfan Khan, Trade mark litigation in the United Arab Emirates: overview, UNITED TRADE MARK & PATENT SERVICES,(Sept 01, 2018),