Taking the Initiative: Anti-Counterfeiting Complaints in Sharjah and Ajman
Unlike Dubai, where the Department of Economic Development (DED) operates an open complaint program allowing for proactive brand protection, the DED in the emirates of Sharjah and Ajman only acts on complaints filed by brand owners. Trademark owners must formally submit complaints when they detect infringement, commercial fraud, or counterfeit activities affecting their brand.
Complaint Filing Process
This process is similar in Sharjah and Ajman, with a few differences. In both emirates, trademark owners or their authorized representatives should submit a complaint to the DED by completing the necessary forms and submitting all the required documents. After submitting the complaint, a USD 550 official fee must be paid, while in Ajman a USD 1,360 deposit security fee must also be paid, to be refunded if the complaint is proven legitimate.
In Sharjah, after the complaint is filed the DED will organize a visit to the facility in question and inspect the site to verify the presence of counterfeit products or any act of infringement. The DED will then issue a report, either recording the seizure of counterfeit goods or documenting any other violations found. The complaint will then be referred to the Committee for Combating Commercial Fraud and Dispute Resolution within the Sharjah DED. This committee will review the complaint and the inspection report, and ultimately issue a decision regarding the violation and any penalties to be imposed.
In Ajman, once the complaint is filed the DED will initiate an investigation into the infringing activities and inspect the evidence, including the validity of the trademark and any counterfeit goods involved. If the complaint is verified, Ajman DED may take further action to suspend the infringing activities and potentially seize counterfeit products. The insurance amount is refunded once the complaint is proven valid.
Required Documents
To file a complaint, the following documents must be submitted:
| Sharjah |
Ajman |
|---|---|
| Copy of trademark certificate | Copy of trademark certificate |
| Legalized Power of Attorney | Copy of legalized Power of Attorney |
| Samples for examination – both original and counterfeit product samples must be provided for examination | Samples for examination – both original and counterfeit product samples may be requested for examination |
| Report detailing the similarities between the original and counterfeit goods | Formal statement proving the validity of the complaint, including evidence of infringement |
| Signed and detailed written complaint from the trademark owner or their representative, describing the infringement and the infringing party |
What Does This Mean for Trademark Owners?
The Sharjah and Ajman DED’s complaints filing process provides trademark owners with a structured avenue to address trademark infringement, but it requires them, or their representatives, to take the initiative. By providing the necessary documentation and evidence, brand owners can ensure that their complaints are investigated thoroughly and enforcement measures are taken. Given the Sharjah and Ajman DED’s reactive approach, it is highly recommended that brand owners record their trademarks with customs to ensure their goods are being monitored continuously, providing more comprehensive market protection. Although the Sharjah DED primarily operates on a complaint-based system, the department is also known to conduct occasional proactive raids against stores selling counterfeit goods as part of anti-counterfeit campaigns. Recording trademarks with customs will help supplement the DED’s efforts, especially when proactive raids are conducted.
By: Sara Omran
For more information, please contact Sara Omran at our UAE office.