Regional IP practitioners again highlighted on 11 September 2026 a significant UAE Federal Supreme Court trademark ruling handled by Habib Al Mulla and Partners. The Court held that genuine prior commercial use can prevail over a later registration for the same mark, even where the earlier user's own registration had lapsed for non-renewal. It also upheld the cancellation of the conflicting registration and rejected procedural objections raised by the later registrant; the timing of the challenge within the applicable five-year period was an important feature of the case.
The practical message is clear: a UAE trademark certificate is not necessarily conclusive against an earlier user who can prove genuine commercial use. Brand owners should preserve invoices, sales records, advertising materials, distribution documents and other evidence showing when and how a mark was used, while still keeping registrations and renewals in good order. The decision strengthens the evidential position of businesses facing opportunistic filings or bad-faith registrations, but it should not be read as a substitute for timely filing and portfolio maintenance.
