Trademark is the right given to person to shield his trade name so that it will distinguish his goods and services from the many more. 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 is 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 people today 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 maintained 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 out of the country 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 the goods or services are all within the same class. Annexure hands down the implementing law the classification of the goods and services into several classes. How the goods that the dealing with fall within more than a single class, then in that case the person will be always to provide for another application for the goods falling in separate classes.
The application is to be made to the ministry of Economy and Commerce in accordance with the procedure set from your implementing law. Legislation does not specify the details that should be added with the application but some from the necessary information regarding included in use would be as follows:
1. Name and of Residence within the applicants of the trademark.
2. Type of trade activity taken on.
3. Description of this goods, products or services.
4. Details about the trademark including an example of the same.
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 offered to the applicant evidencing the receipt within the application. The said receipt shall include the following details:
I. Serial number of the application.
II. Name and place of residence of the applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services for the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall assess it and conform that keep in mind fall under any among the non-registrable marks or doesn’t infringe from any of the existing hallmark. After the review the department may ask for any more complex information or clarifications that one might take necessary, an individual also want the applicant additional medications . any amendment in the said logo.
In case the application for the registration is rejected by the department, the department must notify the same to the candidate with scenarios for the rejection in some recoverable format and inform the applicant about his right toward putting away a grievance about switching the with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance with the applicant however committee, a day is notified to the candidate for the hearing the grievance of the applicant. This date should be notified to the applicant a minimum of before a period of 10 days from the date of hearing the petition. If ever the applicant isn’t satisfied from your decision of 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 within the decision of the committee.