Trademark is the right given to person to protect his trade name so as 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 ought to be acquired through registering one’s trademark. In the United arab emirates the trademark status objected 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 of people including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use 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 in another country that deals with hawaii 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 a single application if merchandise or services are all within the same class. Annexure hands down the implementing law any classification of items and services into several classes. From where the goods that one is dealing with fall within more than one class, then in that case the person is to provide for another application for the items falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce according to the procedure set by the implementing law. Legislation does not specify the details that must be added with use but some with the necessary information to be included in software would be as follows:
1. Name as well as of Residence of the applicants of the trademark.
2. Type of trade activity undertaken.
3. Description on the goods, products or services.
4. Details in connection with trademark including an example of the truly.
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 of the application. The said receipt shall include the following details:
I. Serial number of this application.
II. Name and host to residence of this applicant.
III. Date and hour of depositing the application.
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 referred to as ‘the department’) shall evaluate it and conform that keep in mind fall under any of the non-registrable marks or doesn’t infringe a few existing logo. After the review the department may obtain any other additional information or clarifications that may be necessary, frequently also need the applicant help to make any amendment in the said hallmark.
In case the application for the registration is rejected by the department, the department must notify exact same way to the applicant with scenarios for the rejection in writing and inform the applicant about his right to file a grievance about a similar with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance within the applicant that isn’t committee, to start a date is notified to you for the hearing the grievance within the applicant. Can be should be notified into 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 of the committee after such hearing, the applicant has the ability to file an appeal however competent civil court on a period of 60 days from the date of the decision within the committee.