Trademark is the right given to person to guard 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 is to be acquired through registering one's trademark. In the United arab emirates 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 carry out any commercial, industrial, handcraft or service activities. The actual additional condition for a non-national is that their activities should be maintained 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 a foreign country 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 one single application if merchandise or services typical within the same class. Annexure the implementing law supplies a classification of the products and services into several classes. Where the goods that is actually dealing with fall within more than a single class, then now the person end up being provide for some other application for goods falling in separate classes.
The application is to be made to the ministry of Economy and Commerce in line with the procedure set from your implementing law. The law does not specify the details that must be added with the application but some on the necessary information to be included in software would be as follows:
1. Name make of Residence of the applicants of the trademark.
2. Type of trade activity carried out.
3. Description of this goods, products or services.
4. Details concerning trademark objection India including a sample of the existing.
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 for the application. The said receipt shall associated with the following details:
I. Serial number for the application.
II. Name and place of residence within the 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 acknowledged 'the department') shall analyze it and conform that it does not fall under any of the non-registrable marks or does not infringe the existing logo. After the review the department may ask about any other additional information or clarifications that's necessary, they may also want the applicant noticable any amendment in the said signature.
In case the application for the registration is rejected using the department, the department must notify the same to the applicant with causes for the rejection in some recoverable format 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 within the applicant that's not a problem committee, a date is notified to criminal background for the hearing the grievance within the applicant. This date should be notified to your applicant around before a time period of 10 days from the date of hearing the petition. When the applicant is not satisfied from the decision from the committee after such hearing, the applicant has the right to file an appeal however competent civil court on top of a period of 60 days from the date belonging to the decision of the committee.