Trademark is the right given to person shield his trade name with the intention to distinguish his goods and services from the other businesses. 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 Uae 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 of people 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 continued 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 internationally that deals with their 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 a single application if the goods or services are all within the same class. Annexure the implementing law supplies a classification of items and services into several classes. Place goods that the actual first is dealing with fall within more than one class, then now the person will be always to provide for another application for materials falling in separate classes.
The application can be made to the ministry of Economy and Commerce as per the procedure set the particular implementing law. Legislation does not specify the details that ought to be added with use but some within the necessary information regarding included in use would be as follows:
1. Name make of Residence of the applicants of the trademark.
2. Type of trade activity carried out.
3. Description on the goods, products or services.
4. Details about the trademark including a sample of the existing.
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 status objected.
Once the application is made, a receipt is provided the applicant evidencing the receipt from the application. The said receipt shall include the following details:
I. Serial number for the application.
II. Name and place of residence belonging to the 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 referred to as ‘the department’) shall analyze it and conform that it doesn’t stop here fall under any belonging to the non-registrable marks or doesn’t infringe the existing signature. After the review the department may ask for any more complex information or clarifications that’s necessary, frequently also require applicant help to make any amendment in the said signature.
In case the application for the registration is rejected coming from the department, the department must notify specifically the same to the applicant with the reasons for the rejection in some recoverable format and inform the applicant about his right toward putting away a grievance about switching the with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance within the applicant that’s not a problem committee, a date is notified to you for the hearing the grievance belonging to the applicant. This date should be notified for the applicant around before a time period of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied by the decision with the committee after such hearing, the applicant has the legal right to file an appeal however competent civil court on a period of 60 days from the date belonging to the decision of the committee.