Trademark is the right given to person to guard his trade name with a view 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 has 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 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. Since they additional condition for a non-national is that their activities should be persisted 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 out of the country that deals with your 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 one single application if the items or services frequent within the same class. Annexure the implementing law a new classification of the merchandise and services into several classes. That the goods that the dealing with fall within more than a single class, then now the person usually provide for another application for the items falling in separate classes.
The application can be made to the ministry of Economy and Commerce as per the procedure set from your implementing law. Regulation does not specify the details that should be added with use but some with the necessary information in order to become included in the application would be as follows:
1. Name make of Residence within 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 Online Trademark status search India including an example of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to seek any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is offered to the applicant evidencing the receipt of the application. The said receipt shall include the following details:
I. Serial number in the application.
II. Name and place of residence belonging to the applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services in regards towards the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall evaluate it and conform that it will not fall under any with the non-registrable marks or doesn’t infringe any of the existing hallmark. After the review the department may inquire any more complex information or clarifications which can be necessary, an individual also need the applicant additional medications . any amendment in the said brand.
In case the application for the registration is rejected coming from the department, the department must notify the same to the applicant with the reasons for the rejection in some recoverable format and inform the applicant about his right arranging a grievance about a similar with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance within the applicant that isn’t committee, a day is notified to criminal background for the hearing the grievance of the applicant. Can be should be notified to the applicant a minimum of before a time of 10 days from the date of hearing the petition. When the applicant is not satisfied from the decision belonging to the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court from a period of 60 days from the date of the decision for this committee.