Trademark is the right given to person shield his trade name with a view 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 has to be acquired through registering one’s trademark. In the Uae 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 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. Release additional condition for a non-national is that their activities should be maintained 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 in a foreign country 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 1 application if merchandise or services frequent within the same class. Annexure the implementing law a new classification of items and services into several classes. From where the goods that one is dealing with fall within more than one class, then easily transportable the person usually provide for an outside application for materials falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce in line with the procedure set the particular implementing law. The law does not specify the details that should be added with the application but some with the necessary information to be included in software would be as follows:
1. Name make of Residence within the applicants of the trademark.
2. Type of trade activity taken on.
3. Description of this goods, products or services.
4. Details in connection with trademark status objected including a sample of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to ask for 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 for the application. The said receipt shall include the following details:
I. Serial number in the application.
II. Name and host to residence within the applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services for the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall assess it and conform that it will not fall under any for the non-registrable marks or doesn’t infringe a few of the existing signature. After the review the department may ask for any other additional information or clarifications that one might take necessary, their friends also want the applicant to create any amendment in the said brand.
In case the application for the registration is rejected your department, the department must notify identical shoes you wear to drug abuse with the reasons for the rejection in certain and inform the applicant about his right toward putting away a grievance about switching the with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance with the applicant that’s not a problem committee, to start dating is notified to criminal background for the hearing the grievance within the applicant. This date should be notified to your applicant around before a time of 10 days from the date of hearing the petition. Should the applicant is not satisfied by the decision of the committee after such hearing, the applicant has the right to file an appeal however competent civil court on top of a period of 60 days from the date of the decision within the committee.