Trademark is the right given to person to shield his trade name so that it will distinguish his goods and services from the many more. 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 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 consumers 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. The actual additional condition for a non-national is that their activities should be continued 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 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 just one particular application if the products or services are all within the same class. Annexure the implementing law provides a classification of items 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 end up being provide for another application for materials falling in separate classes.
The application is to be made to the ministry of Economy and Commerce in accordance with the procedure set the actual implementing law. Legislation does not specify the details that should be added with the application but some of the necessary information regarding included in use would be as follows:
1. Name make of Residence for this applicants of the trademark.
2. Type of trade activity attempted.
3. Description of the goods, products or services.
4. Details of the trademark including a sample of the same way.
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 status objected.
Once the application is made, a receipt is provided for the applicant evidencing the receipt of the application. The said receipt shall consist of the following details:
I. Serial number of this application.
II. Name and host to residence belonging to the applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services for the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall analyze it and conform that keep in mind fall under any of the non-registrable marks or doesn’t infringe any of the existing brand. After the review the department may ask about any more complex information or clarifications that one might take necessary, they may also want 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 specifically the same to the applicant with causes for the rejection in some recoverable format and inform the applicant about his right to file for a grievance about switching the with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance of the applicant with the committee, to start a date is notified to criminal background for the hearing the grievance within the applicant. Can be should be notified into the applicant at least before a time period of 10 days from the date of hearing the petition. When the applicant is not satisfied from your decision of the committee after such hearing, the applicant has the right to file an appeal using competent civil court on top of a period of 60 days from the date of this decision for this committee.