Trademark is the right given to person to protect 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 has to be acquired through registering one’s trademark. In the United arab emirates the trademark rights could be enjoyed by registering the trademark with the Secretary of state for 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 really perform any commercial, industrial, handcraft or service activities. The only additional condition for a non-national is that their activities should be continued in the State. Method to category of people also involves non nationals, natural and juridical, but the non-nationals in this category carry out their trade and commerce activities in a foreign country that deals with the state run as per the concept of 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 typical within the same class. Annexure hands down the implementing law any classification of the merchandise and services into several classes. From where the goods that one is dealing with fall within more than a single class, then occur the person end up being provide for some other application for goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce in line with the procedure set your implementing law. Legislation does not specify the details that must be added with use but some within the necessary information become included in software would be as follows:
1. Name and of Residence among the applicants of the Trademark Objection Reply Filing online.
2. Type of trade activity carried out.
3. Description of this goods, products or services.
4. Details concerning trademark including an example of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to seek any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is made available to the applicant evidencing the receipt of the application. The said receipt shall consist of the following details:
I. Serial number of the application.
II. Name and host to residence of the applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter often called ‘the department’) shall analyze it and conform that it will not fall under any among the non-registrable marks or doesn’t infringe from any of the existing hallmark. After the review the department may obtain any other additional information or clarifications that one might take necessary, might be also need the applicant noticable any amendment in the said logo.
In case the application for the registration is rejected coming from the department, the department must notify the same to drug abuse with causes for the rejection documented and inform the applicant about his right toward putting away a grievance about a similar with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance on the applicant with the committee, to start a date is notified to a criminal record for the hearing the grievance of your applicant. Can be should be notified into the applicant at least before a time period of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied your decision within the committee after such hearing, the applicant has the authority to file an appeal with the competent civil court on top of a period of 60 days from the date of your decision with the committee.