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 need to 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 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. 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 out of the 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 a single application if the goods or services tend to be within the same class. Annexure hands down 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 in that case the person is to provide for some other application for the items falling in separate classes.
The application should be made to the ministry of Economy and Commerce as per the procedure set from your implementing law. Regulation does not specify the details that should be added with use but some of the necessary information regarding included in software would be as follows:
1. Name as well as of Residence of the applicants of the trademark status objected.
2. Type of trade activity took on.
3. Description of this 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 gather 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 for the application. The said receipt shall include the following details:
I. Serial number of this application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed towards 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 for the non-registrable marks or does not infringe from any of the existing brand. After the review the department may get any more complex information or clarifications which can be necessary, frequently also need the applicant noticable any amendment in the said trademark.
In case the application for the registration is rejected using the department, the department must notify the same to criminal background with scenarios for the rejection in some recoverable format and inform the applicant about his right toward putting away a grievance about drinks . with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance with the applicant with the committee, to start dating ? is notified to a criminal record for the hearing the grievance within the applicant. This date should be notified for the applicant around before a time of 10 days from the date of hearing the petition. If the applicant isn’t satisfied your decision of the committee after such hearing, the applicant has the legal right to file an appeal however competent civil court on top of a period of 60 days from the date belonging to the decision within the committee.