Trade Names vs Trademarks: Curbing the Conflicts in the UAE

Analysis

It was not a great surprise for an owner of a five-star-plus well-known hotel brand to find its UAE-registered trademark misappropriated by a two-star hotel in Dubai enjoying a trade name registration for the same name.

This is because the trade name and trademarks systems in the UAE have for many years allowed for conflicting names to co-exist. This is not peculiar to the UAE, but generally can be said of many countries in the Arab world. The hotel name conflict was one of many other conflicts whether in the same country or amongst different countries, such as: 

• The trade name BARCLAYS REAL ESTATE in Dubai vs the trademark BARCLAYS BANK 

• The trade name PARIS GALLERY in Qatar vs the trademark PARIS GALLERY