Trademark is the right given to person shield his trade name so as 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 ought to be acquired through registering one’s trademark. In the Uae the trademark rights can be enjoyed by registering the trademark status objected with the Ministry of 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 of folks that 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. As it’s a lucrative additional condition for a non-national is that their activities should be went on 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 abroad that deals with the 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 merchandise or services typical within the same class. Annexure hands down the implementing law the classification of materials and services into several classes. That the goods that one is dealing with fall within more than one class, then easily transportable the person usually provide for a distinct application for materials falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce according to the procedure set the particular implementing law. The law does not specify the details that ought to be added with software but some on the necessary information to be included in software would be as follows:
1. Name and hang of Residence with the applicants of the trademark.
2. Type of trade activity taken on.
3. Description on the goods, products or services.
4. Details about the trademark including a sample of the same way.
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 given to the applicant evidencing the receipt in the application. The said receipt shall consist of the following details:
I. Serial number for the application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall check it and conform that it doesn’t fall under any of the non-registrable marks or doesn’t infringe any of the existing brand. After the review the department may ask for any other additional information or clarifications which can be necessary, might be also need the applicant additional medications . any amendment in the said logo.
In case the application for the registration is rejected coming from the department, the department must notify the same to you with scenarios for the rejection written and inform the applicant about his right to file a grievance about a similar with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance within the applicant with the committee, to start dating is notified to criminal background for the hearing the grievance belonging to the applicant. This date should be notified to the applicant at the very before a time of 10 days from the date of hearing the petition. If the applicant isn’t satisfied by the decision of the committee after such hearing, the applicant has the authority to file an appeal using competent civil court during a period of 60 days from the date belonging to the decision for this committee.