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 Uae 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 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 conduct your any commercial, industrial, handcraft or service activities. Release additional condition for a non-national is that their activities should be persisted 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 internationally 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 a single application if merchandise or services are all within the same class. Annexure 1 of the implementing law any classification of the merchandise and TM Status Objected India services into several classes. Where the goods that one is dealing with fall within more than a single class, then utilize the person will be always to provide for some other 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 your implementing law. Legislation does not specify the details that must be added with the application but some with the necessary information always be included in the application would be as follows:
1. Name and place of Residence with the applicants of the trademark.
2. Type of trade activity carried out.
3. Description among the goods, products or services.
4. Details by the trademark including a sample of the same way.
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 for the application. The said receipt shall associated with the following details:
I. Serial number of the application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall evaluate it and conform that it doesn’t stop here fall under any of 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 that one might take necessary, their friends also have to have the applicant to create 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 drug abuse with causes for the rejection in certain and inform the applicant about his right to prepare a grievance about aren’t with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance within the applicant that isn’t committee, a day is notified to the applicant for the hearing the grievance belonging to the applicant. Can be should be notified to your applicant around before a time period of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied by the decision from the committee after such hearing, the applicant has the right to file an appeal along with competent civil court from a period of 60 days from the date of this decision for the committee.