Distinction Between Two Trade Marks

As indicated in Article (2) of Law No. 37 of 1992 on Trade Marks, the purpose of using a trade mark is to enable the customers and consumers to differentiate the services provided under a certain trade mark and to identify their preferences of products and articles. This purpose is achieved by differentiating between the trademarks used to characterize a certain product in a distinctive way that enable the customers and consumers to clearly distinguish the same from other trademarks without confusion or ambiguity.

The main characteristic differentiating between two trademarks is the general image imprinted in the mind when comparing between both trademarks- a trade mark may be a drawing, a name or letters that has a distinctive color or form. The trial court shall have the sole jurisdiction in determining whether there is another trademark similar to it based on valid and reasonable grounds relevant to the documents of the claim.

Appeal No. 252 of 1996- Rights-Dubai Courts of Cassation, the session held on 28.12.1996.