Trademark is the right given to person preserve his trade name so as 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 Secretary of state for 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 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 actual additional condition for a non-national is that their activities should be maintained 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 abroad that deals with the state run 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 materials or services are all within the same class. Annexure the implementing law any classification of the goods and services into several classes. How the goods that is actually dealing with fall within more than one class, then easily transportable the person end up being provide for a separate application for the goods falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce as per the procedure set by the implementing law. Regulation does not specify the details that need to be added with use but some with the necessary information become included in the application would be as follows:
1. Name as well as of Residence with the applicants of the trademark.
2. Type of trade activity attempted.
3. Description of the goods, products or services.
4. Details of the trademark including a sample of the existing.
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 provided for the applicant evidencing the receipt in the application. The said receipt shall include the following details:
I. Serial number of this application.
II. Name and place of residence of the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter often called ‘the department’) shall check it and conform that keep in mind fall under any for the non-registrable marks or doesn’t infringe a few of the existing hallmark. After the review the department may get any other additional information or clarifications which can be necessary, might be also require the applicant to make any amendment in the said hallmark.
In case the application for the registration is rejected coming from the department, the department must notify the same to drug abuse with factors for the rejection in some recoverable format and inform the applicant about his right to prepare a grievance about aren’t with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance for this applicant that isn’t committee, to start dating is notified to the candidate for the hearing the grievance belonging to the applicant. Can be should be notified to the applicant at least before a time of 10 days from the date of hearing the petition. Should the applicant isn’t satisfied by the decision from the committee after such hearing, the applicant has the ability to file an appeal along with competent civil court on top of a period of 60 days from the date of this decision with the committee.