Trademark is the right given to person to guard his trade name with a view 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 really should 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 persons including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who carry out 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. 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 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 1 application if the products or services frequent within the same class. Annexure the implementing law the 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 easily transportable the person is to provide for a separate application for the items falling in separate classes.
The application should be made to the ministry of Economy and Commerce in line with the procedure set from your implementing law. Regulation does not specify the details that must be added with the application but some on the necessary information to be included in the application would be as follows:
1. Name and of Residence of the applicants of the trademark.
2. Type of trade activity took on.
3. Description of the goods, products or services.
4. Details about the trademark objection India including a sample of the same way.
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 provided the applicant evidencing the receipt for the application. The said receipt shall associated with the following details:
I. Serial number of the application.
II. Name and place of residence of the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services in regards towards the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter recognized as ‘the department’) shall assess it and conform that it does not fall under any among the non-registrable marks or does not infringe from any of the existing signature. After the review the department may get any other additional information or clarifications which can be necessary, might be also need the applicant additional medications . any amendment in the said brand.
In case the application for the registration is rejected by the department, the department must notify the same to the applicant with the reasons for the rejection documented and inform the applicant about his right to file for a grievance about the same with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance of the applicant with the committee, a date is notified to the applicant for the hearing the grievance of the applicant. This date should be notified to the applicant at least before a period of 10 days from the date of hearing the petition. If ever the applicant is not satisfied your decision within 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 within the decision for the committee.