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 ought to be acquired through registering one’s trademark. In the Uae 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 of folks that including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who really perform any commercial, industrial, handcraft or service activities. As it’s a lucrative additional condition for a non-national is that their activities should be carried on 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 internationally that deals with the 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 a single application if materials or services tend to be within the same class. Annexure this is the implementing law the classification of the goods and services into several classes. From where the goods that the dealing with fall within more than one class, then occur the person will be always to provide for a distinct application for the goods falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce in accordance with the procedure set the particular implementing law. Regulation does not specify the details that need to be added with software but some from the necessary information regarding included in software would be as follows:
1. Name make of Residence among the applicants of the trademark.
2. Type of trade activity carried out.
3. Description on the goods, products or services.
4. Details concerning trademark including a sample 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 objection reply filing online.
Once the application is made, a receipt is offered to 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 host to residence belonging to the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed into 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 belonging to the non-registrable marks or doesn’t infringe from any of the existing logo. After the review the department may ask about any more complex information or clarifications that one might take necessary, might be also require the applicant noticable any amendment in the said logo.
In case the application for the registration is rejected by the department, the department must notify exact same way to the applicant with the reasons for the rejection documented and inform the applicant about his right to file for a grievance about drinks . 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 dating ? is notified to you for the hearing the grievance on the applicant. Can be should be notified to your applicant at least before a time period of 10 days from the date of hearing the petition. When the applicant isn’t satisfied from your decision from the committee after such hearing, the applicant has the legal right to file an appeal this competent civil court on top of a period of 60 days from the date of the decision within the committee.