Trademark is the right given to person to shield his trade name so as 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 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 persons 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 only additional condition for a non-national is that their activities should be went on 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 out of the country that deals with the state run 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 the products or services typical within the same class. Annexure hands down the implementing law a new classification of the products and services into several classes. Where the goods that one is dealing with fall within more than a single class, then occur the person will be always to provide for some other application for the goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce in line with the procedure set your implementing law. Regulation does not specify the details that ought to be added with use but some within the necessary information regarding included in software would be as follows:
1. Name and of Residence within the applicants of the trademark.
2. Type of trade activity attempted.
3. Description of the goods, products or services.
4. Details about the trademark including a sample of the truly.
5. Apart from these, the relevant authority at the Ministry has the rights to question any other documents that they deem necessary for the registration of the said trademark objection reply filing online.
Once the application is made, a receipt is offered to the applicant evidencing the receipt of the application. The said receipt shall associated with the following details:
I. Serial number of the application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the method.
IV. Class of products, goods or services the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall check it and conform that it doesn’t fall under any for the non-registrable marks or does not infringe the existing logo. After the review the department may obtain any more complex information or clarifications that may be necessary, might be also require the applicant help to make any amendment in the said hallmark.
In case the application for the registration is rejected coming from the department, the department must notify specifically the same to you with factors for the rejection in certain and inform the applicant about his right to prepare a grievance about switching the with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance with the applicant with the committee, a date is notified to you for the hearing the grievance within the applicant. Can be should be notified to the applicant a minimum of before a time of 10 days from the date of hearing the petition. When the applicant isn’t satisfied from your decision belonging to the committee after such hearing, the applicant has the authority to file an appeal along with competent civil court on top of a period of 60 days from the date of the decision within the committee.