One of the most common misconceptions among business owners is that trademark ownership is determined simply by who registers the trademark first. Others believe the opposite—that using a trademark for many years is enough to secure their rights.
In reality, UAE law recognizes the importance of both registration and prior use, striking a balance between protecting registered rights and safeguarding businesses that genuinely built their brands first.
This balance was recently reaffirmed by the UAE Federal Supreme Court in Commercial Cassation No. 800 of 2025. The Court confirmed that, as a general principle, ownership of a trademark is based on prior use in business, while registration serves to confirm that right rather than create it. As a result, a trademark registration may, in certain circumstances, be cancelled if another party successfully proves that it used the trademark first.
This does not diminish the importance of registration. On the contrary, Article 18 of the UAE Trademark Law provides strong protection to registered trademarks. At the same time, it also recognizes the rights of businesses that genuinely used a trademark before it was registered by another party. Those earlier users have five years from the registration date to challenge the registration. If no legal challenge is brought during that period, the registration generally becomes secure, unless it was obtained in bad faith, and this is another big topic to consider.
Does this mean businesses can rely on prior use and delay registration?
The answer is no.
Although prior use may protect a business in certain situations, proving those rights is rarely straightforward. It often requires substantial evidence, including invoices, advertisements, marketing materials, sales records, websites, social media content, and other documents showing genuine commercial use. Even then, success is never guaranteed. Every case is decided on its own facts, evidence, and circumstances, and disputes can become lengthy and costly.
Accordingly, trademark registration, coupled with genuine and continuous use in good faith, remains the strongest and most effective strategy for protecting a brand. It offers greater legal certainty, strengthens enforcement, enhances the commercial value of the business, and helps prevent costly disputes before they arise.
The UAE’s approach also reflects a balance between different legal traditions. While many civil law jurisdictions place greater emphasis on registration, common law jurisdictions, such as the United States, generally recognize trademark rights through prior commercial use. The UAE adopts a practical middle ground by recognizing the value of registration while preserving the rights of genuine earlier users in appropriate cases.
The significance of Commercial Cassation No. 800 of 2025 goes beyond the parties involved. It provides valuable guidance on how UAE courts approach trademark ownership and reinforces an important legal principle that many businesses overlook: registration is a powerful tool, but it is not always the starting point of trademark rights.
The practical lesson for every business is simple: use your trademark, but don’t rely on prior use alone. Register it early. This will give you stronger protection and help you avoid costly disputes in the future.
At DeMark Legal Consultancy & IP Services, we assist businesses across the UAE and the MENA region with trademark clearance, registration, enforcement, and dispute resolution.
For all inquiries, questions or for more detailed description of our services please visit our website
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