Trademark is the right given to person to protect his trade name with a view to 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 persons including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who conduct your any commercial, industrial, handcraft or service activities. The actual additional condition for a non-national is that their activities should be went on in the State. Method to category of people also involves non nationals, natural and juridical, but the non-nationals in this category carry out their trade and commerce activities out of the country that deals with the state 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 merchandise or services frequent within the same class. Annexure the implementing law any classification of materials and services into several classes. From where the goods that is actually dealing with fall within more than a single class, then now the person is always to provide for some other application for the goods 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. Legislation does not specify the details that must be added with the application but some with the necessary information become included in software would be as follows:
1. Name and hang of Residence of the applicants of the trademark objection India.
2. Type of trade activity attempted.
3. Description belonging to the goods, products or services.
4. Details of the trademark including a sample of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to question any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is given to the applicant evidencing the receipt from the application. The said receipt shall consist of the following details:
I. Serial number belonging to the application.
II. Name and place of residence of the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall assess it and conform that it doesn’t fall under any among the non-registrable marks or does not infringe a few of the existing hallmark. After the review the department may ask about any other additional information or clarifications that’s necessary, their friends also need the applicant to create any amendment in the said logo.
In case the application for the registration is rejected using the department, the department must notify the same to the candidate with the reasons for the rejection in writing and inform the applicant about his right to prepare a grievance about a similar with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance of the applicant however committee, to start a date is notified to the applicant for the hearing the grievance belonging to the applicant. This date should be notified towards the applicant at least before a time of 10 days from the date of hearing the petition. If the applicant is not satisfied from your decision with the committee after such hearing, the applicant has the authority to file an appeal along with competent civil court from a period of 60 days from the date of your decision with the committee.