Trademark is the right given to person preserve his trade name with the intention 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 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 consumers including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use any commercial, industrial, handcraft or service activities. The only additional condition for a non-national is that their activities should be went 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 abroad that deals with the state run 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 specific application if materials or services typical within the same class. Annexure hands down the implementing law the classification of the merchandise and services into several classes. Where the goods that is actually dealing with fall within more than a single class, then utilize the person is to provide for some other application for the goods falling in separate classes.
The application can be made to the ministry of Economy and Commerce in line with the procedure set by the implementing law. The law does not specify the details that need to be added with use but some of the necessary information in order to become included in use would be as follows:
1. Name and hang of Residence of the applicants of the trademark.
2. Type of trade activity attempted.
3. Description of this goods, products or services.
4. Details about the trademark including an example of the existing.
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 from the application. The said receipt shall include the following details:
I. Serial number of 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 rrn regards to the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall assess it and conform that it does not fall under any for the non-registrable marks or doesn’t infringe from any of the existing signature. After the review the department may inquire any more complex information or clarifications which can be necessary, frequently also have to have the applicant help to make any amendment in the said signature.
In case the application for the registration is rejected your department, the department must notify specifically the same to criminal background with scenarios for the rejection documented and inform the applicant about his right toward putting away a grievance about switching the with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance within the applicant with the committee, a date is notified to you for the hearing the grievance on the applicant. This date should be notified to your applicant no less than before a period of 10 days from the date of hearing the petition. If the applicant isn’t satisfied your decision within 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 belonging to the decision within the committee.