Trademark is the right given to person to protect his trade name so that it will 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 has 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 really perform any commercial, industrial, handcraft or service activities. The actual additional condition for a non-national is that their activities should be persisted 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 internationally that deals with their 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 specific application if the items or services tend to be within the same class. Annexure one of the implementing law the classification of the goods and services into several classes. From where the goods that one is dealing with fall within more than a single class, then now the person is to provide for another application for the products falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce based on the procedure set from your implementing law. Legislation does not specify the details that must be added with use but some with the necessary information to be included in software would be as follows:
1. Name and place of Residence with the applicants of the trademark.
2. Type of trade activity undertaken.
3. Description belonging to the goods, products or services.
4. Details by the Online Trademark status search India including an example of the same way.
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 for the applicant evidencing the receipt of the application. The said receipt shall associated with the following details:
I. Serial number of this application.
II. Name and host to residence for this applicant.
III. Date and hour of depositing the method.
IV. Class of products, goods or services the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter recognized as ‘the department’) shall assess it and conform that it doesn’t fall under any with the non-registrable marks or doesn’t infringe the existing logo. After the review the department may inquire any more complex information or clarifications that may be necessary, their friends also require applicant additional medications . 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 in writing and inform the applicant about his right arranging a grievance about aren’t with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance of the applicant while using committee, a date is notified to you for the hearing the grievance within the applicant. This date should be notified to the applicant at the very before a period of 10 days from the date of hearing the petition. When the applicant isn’t satisfied your decision from the committee after such hearing, the applicant has the right to file an appeal this competent civil court within a period of 60 days from the date within the decision for the committee.