Trademark is the right given to person to protect his trade name so that it will 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 really should 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 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 do the job any commercial, industrial, handcraft or service activities. Since they additional condition for a non-national is that their activities should be carried on 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 in another country that deals with hawaii 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 1 application if merchandise or services typical within the same class. Annexure 1 of the implementing law supplies a classification of the products and services into several classes. How the goods that is actually dealing with fall within more than a single class, then in that case the person is to provide for a distinct application for goods falling in separate classes.
The application can 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 software but some within the necessary information regarding included in the application would be as follows:
1. Name make of Residence among the applicants of the trademark.
2. Type of trade activity took on.
3. Description belonging to the goods, products or services.
4. Details of the trademark including a sample of the truly.
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 made available to the applicant evidencing the receipt from the application. The said receipt shall consist of the following details:
I. Serial number belonging to the application.
II. Name and place of residence belonging to the applicant.
III. Date and hour of depositing the method.
IV. Class of products, goods or services in regards towards the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall assess it and conform that it does not fall under any of the non-registrable marks or doesn’t infringe a few existing brand. After the review the department may obtain any more complex information or clarifications that may be necessary, frequently also want the applicant noticable any amendment in the said trademark status objected.
In case the application for the registration is rejected using the department, the department must notify exact same way to drug abuse with existing for the rejection in writing and inform the applicant about his right to file a grievance about switching the with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance with the applicant with the committee, to start dating is notified to a criminal record for the hearing the grievance of your 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 ever the applicant is not satisfied from decision within the committee after such hearing, the applicant has the authority to file an appeal with the competent civil court during a period of 60 days from the date belonging to the decision for the committee.