Trademark is the right given to person to protect 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 has to be acquired through registering one’s trademark. In the Uae the trademark rights can 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 carry out any commercial, industrial, handcraft or service activities. Since they additional condition for a non-national is that their activities should be continued 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 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 just one particular application if materials or services frequent within the same class. Annexure this is the implementing law a new classification of the products and services into several classes. Where the goods that the actual first is dealing with fall within more than a single class, then utilize the person is always to provide for a distinct application for the items falling in separate classes.
The application can be made to the ministry of Economy and Commerce according to the procedure set the actual implementing law. Legislation does not specify the details that must be added with the application but some on the necessary information in order to become included in use would be as follows:
1. Name as well as of Residence for this 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 an example of the existing.
5. Apart from these, the relevant authority at the Ministry has the rights to question any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is provided the applicant evidencing the receipt for the application. The said receipt shall associated with the following details:
I. Serial number for the application.
II. Name and host to residence within the applicant.
III. Date and hour of depositing the method.
IV. Class of products, goods or services in regards towards the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter recognized as ‘the department’) shall assess it and conform that it will not fall under any among the non-registrable marks or does not infringe a few existing trademark status objected. After the review the department may ask for any more complex information or clarifications that’s necessary, frequently also need the applicant help to make any amendment in the said hallmark.
In case the application for the registration is rejected along with department, the department must notify the same to the candidate with scenarios for the rejection in certain and inform the applicant about his right to prepare a grievance about drinks . with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance for this applicant with the committee, a date is notified to the applicant for the hearing the grievance belonging to the applicant. Can be should be notified towards the applicant at least before a time of 10 days from the date of hearing the petition. If ever the applicant is not satisfied from the decision belonging to the committee after such hearing, the applicant has the authority to file an appeal this competent civil court on top of a period of 60 days from the date of your decision for this committee.