Trademark is the right given to person to guard his trade name with the intention 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 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 of people including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use any commercial, industrial, handcraft or service activities. Since they additional condition for a non-national is that their activities should be maintained in the State. Method to 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 the 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 a single application if the products or services tend to be within the same class. Annexure one of the implementing law a new classification of the products and services into several classes. That the goods that one is dealing with fall within more than one class, then utilize the person is always to provide for another application for the goods 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 must be added with the application but some on the necessary information to be included in software would be as follows:
1. Name and of Residence within the applicants of the trademark.
2. Type of trade activity taken on.
3. Description belonging to the goods, products or services.
4. Details of the trademark including a sample of the extremely.
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 made available to the applicant evidencing the receipt in the application. The said receipt shall associated with the following details:
I. Serial number belonging to 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 rrn regards to the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall review it and conform that it does not fall under any with the non-registrable marks or does not infringe from any of the existing logo. After the review the department may inquire any other additional information or clarifications which can be necessary, an individual also want the applicant additional medications . any amendment in the said logo.
In case the application for the registration is rejected along with department, the department must notify specifically the same to the applicant with the reasons for TM Status Objected India the rejection in certain and inform the applicant about his right to file for a grievance about switching the with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance of the applicant however committee, to start a date is notified to you for the hearing the grievance belonging to the applicant. This date should be notified for the applicant at the very before a period of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied from your decision with the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court during a period of 60 days from the date of the decision within the committee.