Background

A Plaintiff brought forward proceedings before the Sharjah Court of First Instance under roll (129/2002) seeking a declaration of its proprietorship of a trademark, previously registered by the Defendant, and the cancelation of the registration of that trademark in favour of the Defendant.

The Plaintiff brought forward proceedings under Article 21) of Federal Law No. 37/ 1992 alleging that the Defendant had previously registered its trademark (i.e. the Plaintiff's) and has not used it for five years since it was aware that the Plaintiff actually owned the trademark: and as such, since five years have not passed since the registration, the Plaintiff believed it has the right to declare its right to the trademark.

The Court of First Instance refused the Plaintiff's case and upon appeal to the Court of Appeal of Sharjah under roll (175/2003), the Court of Appeal dismissed the said appeal.

Proceedings

Sharjah Court of First Instance - Decision No 129 of 2002

The Court of First Instance refused the Plaintiff's case.

Sharjah Court of Appeal -Appeal No 175 of 2003

The Court of Appeal dismissed the appeal.