Trademark is the right given to person to shield his trade name so as to distinguish his goods and services from the other types. 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 consumers 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 maintained 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 abroad 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 goods or services are all within the same class. Annexure hands down the implementing law any classification of materials and services into several classes. That the goods that the dealing with fall within more than one class, then now the person end up being provide for an outside application for materials falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce in accordance with the procedure set by the implementing law. Legislation does not specify the details that need to be added with the application but some with the necessary information to be included in the application would be as follows:
1. Name and place of Residence with the applicants of the trademark.
2. Type of trade activity carried out.
3. Description of this goods, products or services.
4. Details concerning trademark including an example of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to gather 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 for the application. The said receipt shall consist of the following details:
I. Serial number of the application.
II. Name and place of residence of this applicant.
III. Date and hour of depositing the software package.
IV. Class of products, TM Objection Reply Online Filing India goods or services in regards towards the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall evaluate it and conform that it does not fall under any among the non-registrable marks or does not infringe the existing logo. After the review the department may ask about any more complex information or clarifications that one might take necessary, they may also want the applicant help to make any amendment in the said logo.
In case the application for the registration is rejected along with department, the department must notify exact same way to criminal background with the reasons for the rejection written and inform the applicant about his right arranging a grievance about aren’t with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance on the applicant that’s not a problem committee, to start dating is notified to a criminal record for the hearing the grievance of the applicant. This date should be notified for the applicant no less than before a time of 10 days from the date of hearing the petition. If ever the applicant isn’t satisfied from your decision belonging to the committee after such hearing, the applicant has the authority to file an appeal this competent civil court on a period of 60 days from the date belonging to the decision for the committee.