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 need 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 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 consumers including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use any commercial, industrial, handcraft or service activities. Release additional condition for a non-national is that their activities should be went 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 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 1 application if the products or services are all within the same class. Annexure this is the implementing law any classification of items and services into several classes. From where the goods that the dealing with fall within more than a single class, then in that case the person will be always to provide for another application for the goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce in line with the procedure set from your implementing law. Legislation does not specify the details that should be added with software but some with the necessary information regarding included in software would be as follows:
1. Name as well as of Residence within the applicants of the trademark.
2. Type of trade activity carried out.
3. Description of this goods, products or services.
4. Details about the trademark including a sample of the truly.
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 within the application. The said receipt shall associated with the following details:
I. Serial number in the application.
II. Name and place of residence belonging to the applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall review it and conform that it doesn’t fall under any among the non-registrable marks or doesn’t infringe the existing logo. After the review the department may ask about any more complex information or clarifications which is necessary, might be also require applicant additional medications . any amendment in the said hallmark.
In case the application for the registration is rejected using the department, the department must notify exact same way to criminal background with factors for the rejection in writing and inform the applicant about his right to prepare a grievance about a similar with the Trademarks Committee (hereinafter called as ‘the committee’).
On submitting of the grievance on the applicant while using committee, to start a date is notified to the applicant for the hearing the grievance belonging to the applicant. Can be should be notified for the applicant a minimum of before a time of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied from decision from the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court on top of a period of 60 days from the date belonging to the decision of the committee.