UAE Trademark Non Use Cancellation: How to Protect Your Brand

If you’ve invested in a trademark, knowing about UAE trademark non use cancellation is as crucial as the initial trade mark registration Dubai. In the UAE, trademarks are protected for 10 years per registration, but if you fail to use your mark for five consecutive years, you risk losing it through a UAE trademark non use cancellation action.

This guide explains the law, the risks, and the steps you can take to avoid cancellation and keep your brand secure.

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Understanding UAE Trademark Non Use Cancellation

The term trademark non use cancellation in UAE, refers to a legal procedure that removes a registered trademark from the official register when it has not been used for a continuous five-year period without valid justification.

This rule exists to prevent “trademark squatting,” where businesses register marks without the genuine intent to use them, blocking others from entering the market.

In practice, this means that even if you’ve successfully completed trade mark registration Dubai, you cannot simply “park” the trademark and leave it unused—you must actively use it in commerce, marketing, or licensing to maintain your rights.

By understanding and addressing the risks early, you can prevent costly disputes and loss of brand ownership.

Grounds for Cancellation the Trademark in UAE

Under Federal Decree-Law No. 36 of 2021 on Trademarks, a registered trademark can be cancelled if it has not been used in the UAE for five continuous years after registration. The concept of trademark non use cancellation in the UAE allows any interested party to apply for cancellation if they believe your mark has been abandoned or unused.

However, the law provides certain exceptions. If you can prove excusable non-use, such as government import restrictions, market entry delays, or force majeure, the cancellation action may fail. Evidence of even partial or preparatory use can be sufficient to defend your rights.

Non Use Trademark Cancellation Proceeding in UAE

The trademark non use cancellation in the UAE process generally follows these steps:

1. Filing the Action
   An interested party—often a competitor—files a request with the UAE Ministry of Economy or the competent court, claiming five years of non-use.
2. Burden of Proof
   The trademark owner must provide evidence of bona fide use within the UAE. Acceptable proof includes:
   • Marketing campaigns, advertisements, or online promotions targeting UAE consumers.
   • Import documents and sales invoices.
   • Licensing agreements showing active commercial use.
3. Possible Defenses
   • Excusable non-use: Barriers like regulatory approval delays or sanctions.
   • Demonstrable intent to use: Preparatory steps such as brand development, packaging design, or distribution agreements.
4. Decision & Consequences
   If cancellation is granted, the trademark is removed from the register and may be claimed by others. This can severely damage your brand’s exclusivity and market presence.

FAQ

Understanding UAE trademark non use cancellation is essential for brand owners in the Emirates. From the initial trade mark registration Dubai to actively using your mark in commerce and keeping proof of that use, vigilance is the key to protecting your rights. The five-year non-use rule is unforgiving—stay active, stay protected, and keep your trademark enforceable under UAE law.

Protect your trademark before it’s too late, contact our lawyers in Dubai via the WhatsApp button below to speak directly with our UAE trademark law specialists.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Please seek guidance from a licensed trademark lawyer in the UAE for your specific situation.