Trademark is the right given to person to shield his trade name so as to distinguish his goods and services from the others. It is a right through which a person can stop others from taking advantage of his trade reputation and from misleading consumers. But this right is not a default right and need to be acquired through registering one’s trademark. In the United arab emirates the trademark rights can be enjoyed by registering the trademark with the Ministry of Economy and Commerce.
According to the federal law no. 37 of 1992 (hereinafter referred to as ‘the law’) a trademark may be registered by 4 categories of people including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who do the job any commercial, industrial, handcraft or service activities. The actual additional condition for a non-national is that their activities should be continued in the State. 3rd workout category of people also involves non nationals, natural and juridical, but the non-nationals in this category carry out their trade and commerce activities internationally that deals with their state as per the associated with reciprocity. The last category involves the public juridical persons.
Trademarks for several goods or services can be registered together through specific application if the items or services are usually within the same class. Annexure one of the implementing law the classification of materials and services into several classes. From where the goods that one is dealing with fall within more than a single class, then utilize the person is always to provide for a separate application for goods falling in separate classes.
The application is to be made to the ministry of Economy and Commerce as per the procedure set from your implementing law. The law does not specify the details that should be added with use but some on the necessary information become included in use would be as follows:
1. Name and place of Residence of the applicants of the trademark.
2. Type of trade activity took on.
3. Description on the goods, products or services.
4. Details of the trademark including a sample of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to expect any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is provided the applicant evidencing the receipt in the application. The said receipt shall include the following details:
I. Serial number belonging to the application.
II. Name and host to residence belonging to the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed towards application.
After accepting the application, TM Status Objected India the Trade Control department (hereinafter frequently ‘the department’) shall evaluate it and conform that keep in mind fall under any for the non-registrable marks or does not infringe from any of the existing brand. After the review the department may ask about any other additional information or clarifications that one might take necessary, an individual also want the applicant additional medications . any amendment in the said signature.
In case the application for the registration is rejected your department, the department must notify exact same way to criminal background with causes for the rejection in certain and inform the applicant about his right arranging a grievance about a similar with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance with the applicant while using committee, a day is notified to criminal background for the hearing the grievance of your applicant. Can be should be notified into the applicant at least before a time of 10 days from the date of hearing the petition. If ever the applicant isn’t satisfied by the decision from the committee after such hearing, the applicant has the right to file an appeal however competent civil court from a period of 60 days from the date of your decision of the committee.