Trademark is the right given to person to guard 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 ought 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 objection reply filing online 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. Release 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 abroad that deals with their 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 just one particular application if materials or services typical 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 dealing with fall within more than a single class, then now the person will be always to provide for an outside application for materials falling in separate classes.
The application is to be made to the ministry of Economy and Commerce in accordance with the procedure set your implementing law. Legislation does not specify the details that should be added with use but some of 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 took on.
3. Description among the goods, products or services.
4. Details concerning trademark including an example of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to expect 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 in the application. The said receipt shall include the following details:
I. Serial number belonging to the application.
II. Name and host to residence of this applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services for the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall assess it and conform that it will not fall under any among the non-registrable marks or doesn’t infringe from any of the existing logo. After the review the department may ask for any other additional information or clarifications which is necessary, frequently also want the applicant to create any amendment in the said signature.
In case the application for the registration is rejected by the department, the department must notify the same to the applicant with scenarios for the rejection documented and inform the applicant about his right arranging a grievance about a similar with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance within the applicant however committee, a day is notified to criminal background for the hearing the grievance belonging to the applicant. Can be should be notified to the applicant at the very before a time period of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied from the decision within the committee after such hearing, the applicant has the ability to file an appeal however competent civil court within a period of 60 days from the date of the decision for this committee.