Trademark is the right given to person to protect his trade name with the intention to distinguish his goods and services from the others. 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 is 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 people today including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who do the job any commercial, industrial, handcraft or service activities. The actual additional condition for a non-national is that their activities should be went on 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 abroad that deals with their state 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 one single application if the items or services are all within the same class. Annexure one of the implementing law provides a classification of materials and services into several classes. How the goods that is actually dealing with fall within more than one class, then easily transportable the person is always to provide for some other application for the goods falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce based on the procedure set by the implementing law. The law does not specify the details that should be added with use but some from the necessary information become included in use would be as follows:
1. Name and hang of Residence among the applicants of the trademark.
2. Type of trade activity attempted.
3. Description on the goods, products or services.
4. Details of the trademark including an example 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 given to the applicant evidencing the receipt of the application. The said receipt shall include the following details:
I. Serial number of the application.
II. Name and TM Objection Reply Online Filing India place of residence of the applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter recognized as ‘the department’) shall review it and conform that keep in mind fall under any belonging to the non-registrable marks or doesn’t infringe a few existing signature. After the review the department may ask about any other additional information or clarifications that’s necessary, an individual also require applicant to make any amendment in the said brand.
In case the application for the registration is rejected your department, the department must notify exact same way to the candidate with the reasons for the rejection in certain and inform the applicant about his right to prepare a grievance about the same with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance with the applicant however committee, a date is notified to you for the hearing the grievance of your applicant. This date should be notified to your applicant at least before a time period of 10 days from the date of hearing the petition. In the event the applicant is not satisfied from your decision of the committee after such hearing, the applicant has the authority to file an appeal with the competent civil court on a period of 60 days from the date of the decision within the committee.