A trademark is any distinctive sign that identifies the goods, services, or business of a person or entity. Trademarks are valuable assets that can enhance the reputation and competitiveness of their owners. However, sometimes a trademark owner may wish to waive their rights over a trademark, either partially or completely, for various reasons, such as transferring ownership, licensing, or assignment.
In the UAE, the legal framework for trademarks is governed by Federal Law No. 36 of 2021 on Trademarks, which replaced the previous law of 1992. According to this law, the Trademark owner may request the Ministry to remove the Trademark from the Register, for all or part of the goods or services for which the Trademark was registered.
A trademark owner can waive their rights over a trademark by submitting a declaration of waiver to the Ministry of Economy, which is the competent authority to register and protect trademarks in the UAE.
A Declaration of Waiver of Trademark is a legal document that expresses the intention of a trademark owner to relinquish their rights over a trademark, either partially or completely, in favor of another party or the public. A declaration of waiver of a trademark can be made for a registered trademark or a pending trademark application.
A declaration of waiver of a trademark must be made in writing and signed by the trademark owner or their authorized representative. The declaration must specify the following information:
A declaration of waiver of a trademark has the following effects:
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