Trademark is the right given to person to protect 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 is to be acquired through registering one’s trademark. In the Uae the trademark rights could be enjoyed by registering the trademark with the Ministry of 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 the state run 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 specific application if materials or services tend to be within the same class. Annexure one of the implementing law provides a classification of materials and services into several classes. How the goods that is actually dealing with fall within more than one class, then in that case the person is to provide for a distinct application for the items falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce in line with the procedure set by the implementing law. Regulation does not specify the details that must be added with the application but some with the necessary information become included in use would be as follows:
1. Name as well as of Residence of the applicants of the trademark.
2. Type of trade activity carried out.
3. Description belonging to the goods, products or services.
4. Details in connection with trademark objected status Online India including a sample 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.
Once the application is made, a receipt is offered to the applicant evidencing the receipt within the application. The said receipt shall associated with the following details:
I. Serial number of the application.
II. Name and host to residence of this applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall assess it and conform that keep in mind fall under any for the non-registrable marks or does not infringe the existing signature. After the review the department may get any more complex information or clarifications that may be necessary, an individual also require applicant to create any amendment in the said hallmark.
In case the application for the registration is rejected your department, the department must notify specifically the same to the candidate with existing for the rejection in some recoverable format and inform the applicant about his right to file a grievance about switching the with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance with the applicant that isn’t committee, to start dating is notified to a criminal record for the hearing the grievance of the applicant. Can be should be notified to the applicant around before a period of 10 days from the date of hearing the petition. When the applicant isn’t satisfied from the decision belonging to the committee after such hearing, the applicant has the authority to file an appeal this competent civil court on top of a period of 60 days from the date of the decision with the committee.