Trademark is the right given to person to guard 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 status objected 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 carry out any commercial, industrial, handcraft or service activities. Release 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 abroad that deals with your 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 one single application if the goods or services tend to be within the same class. Annexure the implementing law a new classification of items and services into several classes. How the goods that is actually dealing with fall within more than one class, then occur the person is to provide for some other application for the goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce according to the procedure set by the implementing law. The law does not specify the details that must be added with use but some of the necessary information become included in use would be as follows:
1. Name and of Residence with 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 an example of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to expect any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is provided 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 of this 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 application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall check it and conform that it will not fall under any among the non-registrable marks or does not infringe from any of the existing signature. After the review the department may obtain any more complex information or clarifications that one might take necessary, an individual also require the applicant to make any amendment in the said hallmark.
In case the application for the registration is rejected coming from the department, the department must notify specifically the same to the candidate with scenarios for the rejection in writing 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 for this applicant that’s not a problem committee, to start a date is notified to criminal background for the hearing the grievance of the applicant. Can be should be notified towards the applicant at least before a time of 10 days from the date of hearing the petition. If ever the applicant is not satisfied by the decision from the committee after such hearing, the applicant has the right to file an appeal using competent civil court on a period of 60 days from the date of this decision within the committee.