Trademark is the right given to person preserve 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 need 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 people today 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. Release additional condition for a non-national is that their activities should be continued 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 abroad that deals with their 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 a single application if merchandise or services frequent within the same class. Annexure one of the implementing law the classification of items and services into several classes. Where the goods that the dealing with fall within more than one class, then in that case the person is always to provide for a distinct 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. The law does not specify the details that ought to be added with software but some with the necessary information become included in use would be as follows:
1. Name make of Residence within the applicants of the trademark status objected.
2. Type of trade activity undertaken.
3. Description belonging to the goods, products or services.
4. Details in connection with trademark including an example of the extremely.
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 within the application. The said receipt shall consist of the following details:
I. Serial number of the application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services for the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall evaluate it and conform that it doesn’t fall under any for the non-registrable marks or doesn’t infringe the existing brand. After the review the department may obtain any more complex information or clarifications which is necessary, they may also have to have the applicant to create any amendment in the said brand.
In case the application for the registration is rejected by the department, the department must notify exact same way to the applicant with existing for the rejection in writing and inform the applicant about his right arranging a grievance about the same with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance on the applicant that isn’t committee, a day is notified to the applicant for the hearing the grievance within the applicant. This date should be notified to the applicant around before a time of 10 days from the date of hearing the petition. Should the applicant isn’t satisfied from the decision within the committee after such hearing, the applicant has the legal right to file an appeal with the competent civil court during a period of 60 days from the date belonging to the decision within the committee.