Trademark is the right given to person preserve his trade name so that it will 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 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 conduct your any commercial, industrial, handcraft or service activities. As it’s a lucrative additional condition for a non-national is that their activities should be persisted 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 in a foreign country that deals with your state 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 1 application if materials or services are usually within the same class. Annexure the implementing law provides a classification of materials and services into several classes. Where the goods that is actually dealing with fall within more than a single class, then in that case the person usually provide for a separate application for the goods falling in separate classes.
The application can be made to the ministry of Economy and Commerce in accordance with the procedure set the actual implementing law. The law does not specify the details that must be added with the application but some with the necessary information regarding included in the application would be as follows:
1. Name and place of Residence for this applicants of the trademark.
2. Type of trade activity undertaken.
3. Description among the goods, products or services.
4. Details in connection with trademark including an example of the same way.
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 made available to the applicant evidencing the receipt in 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 installation.
IV. Class of products, goods or services in regards towards the application.
V. Statement of documents annexed on the application.
After accepting the application, TM Status Objected India the Trade Control department (hereinafter acknowledged ‘the department’) shall analyze it and conform that it doesn’t stop here fall under any among the non-registrable marks or does not infringe from any of the existing trademark. After the review the department may inquire any other additional information or clarifications that may be necessary, an individual also want the applicant noticable any amendment in the said hallmark.
In case the application for the registration is rejected coming from the department, the department must notify the same to the candidate with causes for the rejection in writing and inform the applicant about his right toward putting away a grievance about aren’t with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance within the applicant however committee, to start dating is notified to the candidate for the hearing the grievance of your applicant. This date should be notified into the applicant at least before a time period of 10 days from the date of hearing the petition. If ever the applicant isn’t satisfied from your decision from the committee after such hearing, the applicant has the right to file an appeal along with competent civil court from a period of 60 days from the date of this decision for the committee.