Trademark is the right given to person to protect his trade name with a view to distinguish his goods and services from the other businesses. 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 people today including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use any commercial, industrial, handcraft or service activities. The actual additional condition for a non-national is that their activities should be maintained 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 another country that deals with the state run 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 one single application if materials or services tend to be within the same class. Annexure the implementing law a new classification of items and services into several classes. How the goods that the actual first is dealing with fall within more than a single class, then now the person will be always to provide for another application for materials falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce in line with the procedure set the particular implementing law. Regulation does not specify the details that need to be added with use but some on the necessary information become included in use would be as follows:
1. Name and of Residence within the applicants of the Trademark Objection Reply Filing online.
2. Type of trade activity took on.
3. Description of the goods, products or services.
4. Details about the trademark including a sample of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to ask for any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is given to the applicant evidencing the receipt for the application. The said receipt shall consist of the following details:
I. Serial number of this application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall assess it and conform that it will not fall under any of the non-registrable marks or doesn’t infringe the existing trademark. After the review the department may ask about any more complex information or clarifications that’s necessary, they may also want the applicant to make any amendment in the said logo.
In case the application for the registration is rejected along with department, the department must notify identical shoes you wear to criminal background with the reasons for the rejection in writing and inform the applicant about his right to file a grievance about a similar with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance with the applicant that’s not a problem committee, to start dating is notified to criminal background for the hearing the grievance of the applicant. This date should be notified towards the applicant around before a period of 10 days from the date of hearing the petition. If ever the applicant is not satisfied by the decision of the committee after such hearing, the applicant has the right to file an appeal this competent civil court during a period of 60 days from the date of your decision of the committee.