Trademark is the right given to person shield his trade name with a view 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 has 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 status objected may be registered by 4 categories of folks that 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. Since they additional condition for a non-national is that their activities should be persisted 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 internationally 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 one single application if the goods or services tend to be within the same class. Annexure the implementing law the classification of the goods and services into several classes. From where the goods that the dealing with fall within more than one class, then utilize the person is 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 according to the procedure set by the implementing law. The law does not specify the details that need to be added with use but some within the necessary information to be included in software would be as follows:
1. Name as well as of Residence for this applicants of the trademark.
2. Type of trade activity took on.
3. Description of this goods, products or services.
4. Details concerning trademark including an example of the same way.
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.
Once the application is made, a receipt is made available to 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 host to residence belonging to the applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall analyze it and conform that keep in mind fall under any among the non-registrable marks or does not infringe any of the existing hallmark. After the review the department may ask for any other additional information or clarifications that’s necessary, an individual also have to have the applicant additional medications . any amendment in the said logo.
In case the application for the registration is rejected by the department, the department must notify the same to you with causes for the rejection documented and inform the applicant about his right arranging a grievance about a similar with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance of 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 your applicant at least before a period of 10 days from the date of hearing the petition. When the applicant isn’t satisfied from the decision belonging to the committee after such hearing, the applicant has the right to file an appeal using competent civil court on top of a period of 60 days from the date of your decision for this committee.