Trademark is the right given to person to shield his trade name with a view to distinguish his goods and services from the many more. 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 ought 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 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 carried on in the State. 3rd 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 hawaii as per the concept of 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 typical within the same class. Annexure this is the implementing law the classification of the products and services into several classes. How the goods that is actually dealing with fall within more than one class, then utilize the person will be always to provide for another application for the goods falling in separate classes.
The application can be made to the ministry of Economy and Commerce in line with the procedure set by the implementing law. The law does not specify the details that must be added with software but some from the necessary information become included in the application would be as follows:
1. Name as well as of Residence among the applicants of the trademark.
2. Type of trade activity took on.
3. Description among the goods, products or services.
4. Details in connection with trademark objection India including an example of the truly.
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 within the application. The said receipt shall associated with the following details:
I. Serial number in the application.
II. Name and host to residence for this applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall analyze it and conform that it will 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 obtain any other additional information or clarifications which can be necessary, their friends also have to have the applicant to make any amendment in the said signature.
In case the application for the registration is rejected using the department, the department must notify specifically the same to the applicant with the reasons for the rejection in writing and inform the applicant about his right toward putting away a grievance about the same with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance for this applicant while using committee, to start dating is notified to you for the hearing the grievance within the applicant. This date should be notified for the applicant at the very before a time of 10 days from the date of hearing the petition. Should the applicant is not satisfied from decision with the committee after such hearing, the applicant has the right to file an appeal with the competent civil court during a period of 60 days from the date of the decision for this committee.