Trademark is the right given to person to protect 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 need 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 persons 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. The actual additional condition for a non-national is that their activities should be carried on in the State. 3rd 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 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 just one particular application if materials or services are all within the same class. Annexure this is the implementing law provides a classification of the merchandise and services into several classes. From where the goods that the actual first is dealing with fall within more than a single class, then easily transportable the person will be always to provide for a separate application for the items falling in separate classes.
The application is to be made to the ministry of Economy and Commerce as per the procedure set from your implementing law. The law does not specify the details that need to be added with the application but some with the necessary information to be included in the application would be as follows:
1. Name and hang of Residence for this applicants of the trademark.
2. Type of trade activity undertaken.
3. Description among the goods, products or services.
4. Details concerning trademark including a sample of the truly.
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 Objection Reply Filing online.
Once the application is made, a receipt is provided the applicant evidencing the receipt in the application. The said receipt shall consist of the following details:
I. Serial number in the application.
II. Name and place of residence within the applicant.
III. Date and hour of depositing the application.
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 evaluate it and conform that it doesn’t fall under any among the non-registrable marks or does not infringe from any of the existing trademark. After the review the department may ask about any other additional information or clarifications that may be necessary, frequently also need the applicant to create any amendment in the said trademark.
In case the application for the registration is rejected using the department, the department must notify identical shoes you wear to you with factors for the rejection in some recoverable format and inform the applicant about his right to file a grievance about drinks . with the Trademarks Committee (hereinafter called as ‘the committee’).
On submitting of the grievance on the applicant however committee, a date is notified to a criminal record for the hearing the grievance within the applicant. Can be should be notified to your applicant at least before a period of 10 days from the date of hearing the petition. When the applicant is not satisfied from the decision with the committee after such hearing, the applicant has the ability to file an appeal however competent civil court on top of a period of 60 days from the date belonging to the decision of the committee.