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 need to be acquired through registering one’s trademark. In the Uae the trademark rights can 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. As it’s a lucrative additional condition for a non-national is that their activities should be continued in the State. The third 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 the 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 just one particular application if the goods or services typical within the same class. Annexure this is the implementing law provides a classification of the merchandise and services into several classes. That the goods that the actual first is dealing with fall within more than a single class, then occur the person will be always to provide for another application for the items falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce based on the procedure set the actual implementing law. Regulation does not specify the details that ought to be added with use but some from the necessary information always 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 taken on.
3. Description of the goods, products or services.
4. Details by the trademark including a sample of the truly.
5. Apart from these, the relevant authority at the Ministry has the rights to question any other documents that they deem necessary for the registration of the said Trademark Objection Reply Filing online.
Once the application is made, a receipt is provided for the applicant evidencing the receipt for the application. The said receipt shall consist of the following details:
I. Serial number in 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 the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall check it and conform that keep in mind fall under any for the non-registrable marks or doesn’t infringe a few existing hallmark. After the review the department may obtain any more complex information or clarifications which can be necessary, they may also want the applicant help to make any amendment in the said hallmark.
In case the application for the registration is rejected along with department, the department must notify the same to drug abuse with causes for the rejection written and inform the applicant about his right toward putting away a grievance about switching the with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance within the applicant however committee, to start dating ? is notified to you for the hearing the grievance belonging to the applicant. Can be should be notified towards the applicant at least before a period of 10 days from the date of hearing the petition. If ever the applicant is not satisfied by the decision within the committee after such hearing, the applicant has the legal right to file an appeal however competent civil court on top of a period of 60 days from the date of this decision for the committee.