Trademark is the right given to person preserve his trade name with a view to distinguish his goods and services from the other types. 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 Ministry of Economy and Commerce.
According to the federal law no. 37 of 1992 (hereinafter referred to as ‘the law’) a trademark status objected may be registered by 4 categories persons including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who conduct your any commercial, industrial, handcraft or service activities. Release additional condition for a non-national is that their activities should be maintained 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 hawaii 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 a single application if the products or services are all within the same class. Annexure one of the implementing law supplies a classification of the goods and services into several classes. That the goods that the dealing with fall within more than one class, then easily transportable the person will be always to provide for a separate application for goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce in accordance with the procedure set the particular implementing law. Legislation 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 software would be as follows:
1. Name as well as of Residence within the applicants of the trademark.
2. Type of trade activity taken on.
3. Description among the goods, products or services.
4. Details of the trademark including an example of the existing.
5. Apart from these, the relevant authority at the Ministry has the rights to gather any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is provided for the applicant evidencing the receipt of the application. The said receipt shall include the following details:
I. Serial number in the application.
II. Name and host to residence within the applicant.
III. Date and hour of depositing the method.
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 frequently ‘the department’) shall check it and conform that keep in mind fall under any with the non-registrable marks or doesn’t infringe the existing hallmark. After the review the department may get any more complex information or clarifications which can be necessary, frequently also have to have the applicant to create any amendment in the said brand.
In case the application for the registration is rejected along with department, the department must notify the same to the applicant with causes for the rejection in some recoverable format and inform the applicant about his right to prepare a grievance about drinks . with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance on the applicant with the committee, a date is notified to you for the hearing the grievance within the applicant. This date should be notified to the applicant around before a time period of 10 days from the date of hearing the petition. In the event the applicant is not satisfied your decision belonging to the committee after such hearing, the applicant has the right to file an appeal however competent civil court from a period of 60 days from the date belonging to the decision for this committee.