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 has 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 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. As it’s a lucrative additional condition for a non-national is that their activities should be carried on 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 abroad that deals with your 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 specific application if materials or services are all within the same class. Annexure this is the implementing law the classification of the goods and services into several classes. Where the goods that the actual first is dealing with fall within more than a single class, then easily transportable the person end up being provide for a separate application for materials falling in separate classes.
The application should be made to the ministry of Economy and Commerce in line with the procedure set your implementing law. Legislation does not specify the details that ought to be added with the application but some with the necessary information regarding included in software would be as follows:
1. Name and hang of Residence with the applicants of the trademark.
2. Type of trade activity undertaken.
3. Description of this goods, products or services.
4. Details by the Trademark Objection Reply Filing online including a sample 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 given to the applicant evidencing the receipt within the application. The said receipt shall associated with the following details:
I. Serial number of this application.
II. Name and place of residence within the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall assess it and conform that it will not fall under any belonging to the non-registrable marks or doesn’t infringe a few existing hallmark. After the review the department may ask for any more complex information or clarifications which can be necessary, might be also require the applicant to make any amendment in the said logo.
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 written and inform the applicant about his right to file a grievance about aren’t with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance with the applicant that isn’t committee, to start dating ? is notified to a criminal record for the hearing the grievance of your applicant. This date should be notified towards the applicant a minimum of before a time of 10 days from the date of hearing the petition. When the applicant isn’t satisfied from decision of the committee after such hearing, the applicant has the right to file an appeal this competent civil court from a period of 60 days from the date of this decision of the committee.