Consent To Use Trademark Template for the United Arab Emirates

A Consent To Use Trademark agreement is a legal document that allows you to register or use a trademark that may be similar to an existing registered mark in the United Arab Emirates. Under Federal Law No. 36 of 2021, trademark owners have exclusive rights to their marks, but they can grant consent to others for specific uses. This agreement serves as formal permission from the existing trademark owner, helping you avoid potential opposition proceedings during registration with the UAE Trademark Office.

When do you need this document?

You need this agreement when your proposed trademark application may conflict with an existing registered mark in the UAE. This commonly occurs when expanding international businesses into the UAE market, launching new product lines, or when trademark searches reveal similar existing marks. The document is also essential when the UAE Trademark Office requests consent during the examination process, or when you want to proactively address potential conflicts before filing your application. Without proper consent, your trademark application may face opposition or rejection, significantly delaying your business operations in the UAE market.

Key legal considerations

Your consent agreement must clearly define the scope of permitted use, including specific goods or services, territorial limitations within the UAE, and the duration of consent. Quality control provisions are crucial, as the consenting trademark owner typically retains the right to ensure their mark's reputation isn't damaged by your use. The agreement should specify whether the consent is exclusive or non-exclusive, and include termination clauses that protect both parties' interests. Payment terms, if any, must be clearly outlined, along with dispute resolution mechanisms. Under UAE law, the agreement must not create consumer confusion or dilute the distinctiveness of the existing trademark.

Legal requirements in United Arab Emirates

Federal Law No. 36 of 2021 governs all trademark matters in the UAE, requiring consent agreements to meet specific statutory requirements. The document must be executed by authorized representatives of both parties and may require notarization or legalization depending on the parties' jurisdictions. All trademark details must be precisely identified, including registration numbers and classifications. The agreement must comply with UAE Commercial Transactions Law regarding contract formation and validity. Additionally, if the consent involves international parties, proper attestation and translation into Arabic may be required. The UAE Trademark Office may request additional documentation or clarification during the examination process, so your agreement should be comprehensive and legally compliant from the outset.