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 need to be acquired through registering one’s trademark. In the United arab emirates 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 of people 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 only additional condition for a non-national is that their activities should be carried on in the State. 3rd category of people also involves non nationals, natural and juridical, but the non-nationals in this category carry out their trade and commerce activities internationally 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 1 application if the goods or services are usually within the same class. Annexure the implementing law a new classification of the goods and services into several classes. How the goods that one is dealing with fall within more than a single class, then occur the person will be always to provide for a distinct application for goods falling in separate classes.
The application is to be made to the ministry of Economy and Commerce as per the procedure set by the implementing law. The law does not specify the details that need to be added with the application but some from the necessary information in order to become included in use would be as follows:
1. Name make of Residence within the applicants of the trademark objection online reply filing India.
2. Type of trade activity carried out.
3. Description among the goods, products or services.
4. Details concerning trademark including a sample of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to ask for any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is made available to the applicant evidencing the receipt for the application. The said receipt shall consist of the following details:
I. Serial number for the application.
II. Name and place of residence belonging to 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 into the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall check it and conform that it doesn’t fall under any among the non-registrable marks or doesn’t infringe any of the existing trademark. After the review the department may ask about any other additional information or clarifications that’s necessary, frequently also require 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 the same to the candidate with factors for the rejection documented and inform the applicant about his right to file a grievance about switching the with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance with the applicant that isn’t committee, a day is notified to a criminal record for the hearing the grievance belonging to the applicant. This date should be notified towards the applicant a minimum of before a time period of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied from decision from the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court from a period of 60 days from the date of your decision within the committee.