Trademark is the right given to person to protect his trade name with a view 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 really should be acquired through registering one’s trademark. In the Uae the trademark rights could 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 people today including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who carry out any commercial, industrial, handcraft or service activities. The actual additional condition for a non-national is that their activities should be carried 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 their state as per the concept of 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 all within the same class. Annexure 1 of the implementing law provides a classification of the merchandise and services into several classes. That the goods that one is dealing with fall within more than a single class, then easily transportable the person is always to provide for a separate application for the items falling in separate classes.
The application can be made to the ministry of Economy and Commerce as per the procedure set from your implementing law. Legislation does not specify the details that must be added with software but some of the necessary information to be included in use would be as follows:
1. Name and of Residence among the applicants of the trademark.
2. Type of trade activity carried out.
3. Description among the goods, products or services.
4. Details about the trademark status objected including a sample of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to gather any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is given to the applicant evidencing the receipt for the application. The said receipt shall consist of the following details:
I. Serial number of the application.
II. Name and host to 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 on the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall assess it and conform that it does not fall under any of the non-registrable marks or doesn’t infringe a few of the existing brand. After the review the department may inquire any more complex information or clarifications which can be necessary, might be also require applicant additional medications . any amendment in the said brand.
In case the application for the registration is rejected your department, the department must notify identical shoes you wear to you with scenarios for the rejection in some recoverable format and inform the applicant about his right arranging a grievance about switching the with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance within the applicant that isn’t committee, a day is notified to the candidate for the hearing the grievance of the applicant. Can be should be notified into the applicant a minimum of before a time period of 10 days from the date of hearing the petition. If the applicant isn’t satisfied by the decision belonging to the committee after such hearing, the applicant has the right to file an appeal using competent civil court within a period of 60 days from the date within the decision for the committee.