Trademark is the right given to person to shield 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 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 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 persisted 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 in a foreign country that deals with your 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 a single application if merchandise or services frequent within the same class. Annexure the implementing law provides a classification of the merchandise and services into several classes. That the goods that the dealing with fall within more than a single class, then occur the person will be always to provide for a separate application for the items falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce according to the procedure set from your implementing law. Regulation does not specify the details that must be added with the application but some with the necessary information become included in use would be as follows:
1. Name and place of Residence for this applicants of the trademark.
2. Type of trade activity undertaken.
3. Description of this goods, products or services.
4. Details by the trademark objection reply filing online including a sample of the truly.
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 provided for the applicant evidencing the receipt from the application. The said receipt shall include 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 for 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 keep in mind fall under any for the non-registrable marks or does not infringe any of the existing logo. After the review the department may obtain any more complex information or clarifications that one might take necessary, might be also require the applicant additional medications . any amendment in the said logo.
In case the application for the registration is rejected coming from the department, the department must notify exact same way to the candidate with scenarios for the rejection written and inform the applicant about his right to file a grievance about drinks . with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance within the applicant with the committee, to start a date is notified to the applicant for the hearing the grievance on the applicant. Can be should be notified to the applicant around before a time period of 10 days from the date of hearing the petition. Should the applicant is not satisfied from decision of the committee after such hearing, the applicant has the authority to file an appeal along with competent civil court during a period of 60 days from the date of this decision of the committee.