Trademark is the right given to person to shield his trade name with the intention to distinguish his goods and services from the other types. 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 is 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 of people including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use any commercial, industrial, handcraft or service activities. As it’s a lucrative additional condition for a non-national is that their activities should be went on in the State. Method to 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 one single application if merchandise or services are all within the same class. Annexure one of the implementing law any classification of the goods and services into several classes. From where the goods that is actually dealing with fall within more than one class, then in that case the person end up being provide for another application for goods falling in separate classes.
The application is to be made to the ministry of Economy and Commerce in line with the procedure set by the implementing law. The law does not specify the details that must be added with use but some of the necessary information in order to become included in the application would be as follows:
1. Name make of Residence of the applicants of the trademark.
2. Type of trade activity carried out.
3. Description of this goods, products or services.
4. Details about the trademark including a sample of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to seek 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 provided the applicant evidencing the receipt from the application. The said receipt shall consist of 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 for the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall check it and conform that it doesn’t fall under any of the non-registrable marks or doesn’t infringe any of the existing hallmark. After the review the department may inquire any more complex information or clarifications that may be necessary, an individual also require the applicant noticable any amendment in the said signature.
In case the application for the registration is rejected along with department, the department must notify the same to criminal background with existing for the rejection written and inform the applicant about his right toward putting away a grievance about aren’t with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance for this applicant while using committee, to start a date is notified to criminal background for the hearing the grievance on the applicant. This date should be notified to your applicant a minimum of before a time of 10 days from the date of hearing the petition. If the applicant isn’t satisfied from decision from the committee after such hearing, the applicant has the ability to file an appeal this competent civil court on top of a period of 60 days from the date of the decision for the committee.