Trademark is the right given to person to protect his trade name with the intention 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 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 really perform any commercial, industrial, handcraft or service activities. Since they additional condition for a non-national is that their activities should be carried on 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 abroad that deals with their 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 usually within the same class. Annexure one of the implementing law provides a classification of the merchandise and services into several classes. Place goods that the actual first is dealing with fall within more than one class, then now the person will be always to provide for an outside 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 from your implementing law. Legislation does not specify the details that should be added with software but some on the necessary information always be included in the application would be as follows:
1. Name make of Residence for this applicants of the trademark status objected.
2. Type of trade activity took on.
3. Description of this goods, products or services.
4. Details by the trademark including an example of the extremely.
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 given to the applicant evidencing the receipt in the application. The said receipt shall consist of the following details:
I. Serial number belonging to the application.
II. Name and host to residence within 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 towards application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall analyze it and conform that it doesn’t fall under any belonging to the non-registrable marks or doesn’t infringe any of the existing trademark. After the review the department may ask for any more complex information or clarifications that may be necessary, they may also require applicant help to make any amendment in the said logo.
In case the application for the registration is rejected coming from the department, the department must notify the same to drug abuse with the reasons for the rejection in some recoverable format and inform the applicant about his right to file a grievance about the same with the Trademarks Committee (hereinafter called as ‘the committee’).
On submitting of the grievance for this applicant that’s not a problem committee, to start dating is notified to you for the hearing the grievance on the applicant. Can be should be notified towards the applicant at least before a time period of 10 days from the date of hearing the petition. If the applicant is not satisfied from your decision of the committee after such hearing, the applicant has the authority to file an appeal along with competent civil court from a period of 60 days from the date within the decision for this committee.