Trademark is the right given to person to guard 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 really should be acquired through registering one’s trademark. In the Uae the trademark rights can 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 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. Since they 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 in another country that deals with the state run 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 materials or services are all within the same class. Annexure this is the implementing law provides a classification of materials and services into several classes. How the goods that one is dealing with fall within more than one class, then now the person will be always to provide for a distinct application for goods falling in separate classes.
The application can be made to the ministry of Economy and Commerce in accordance with the procedure set your implementing law. Regulation does not specify the details that should be added with use but some within the necessary information regarding included in use would be as follows:
1. Name and hang of Residence among the applicants of the trademark.
2. Type of trade activity carried out.
3. Description belonging to the goods, products or services.
4. Details about the Trademark Reply Filing Online India including a sample of the same way.
5. Apart from these, the relevant authority at the Ministry has the rights to seek 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 consist of the following details:
I. Serial number of the application.
II. Name and host to residence within the applicant.
III. Date and hour of depositing the software package.
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 evaluate it and conform that it doesn’t fall under any for the non-registrable marks or doesn’t infringe a few of the existing signature. After the review the department may ask about any more complex information or clarifications which can be necessary, they may also require the applicant noticable any amendment in the said trademark.
In case the application for the registration is rejected using the department, the department must notify specifically the same to the candidate with factors for the rejection written and inform the applicant about his right to prepare a grievance about the same with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance of the applicant with the committee, to start dating is notified to the candidate for the hearing the grievance within the applicant. Can be should be notified for the applicant at the very before a period of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied by the decision with the committee after such hearing, the applicant has the authority to file an appeal using competent civil court within a period of 60 days from the date of the decision within the committee.