Trademark is the right given to person to guard his trade name with a view 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 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 of people 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 carried on in the State. 3rd workout category of people also involves non nationals, natural and juridical, but the non-nationals in this category carry out their trade and commerce activities out of the 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 usually within the same class. Annexure this is the implementing law a new classification of items and services into several classes. Place goods that the actual first is dealing with fall within more than one class, then easily transportable the person usually provide for an outside application for goods falling in separate classes.
The application is to be made to the ministry of Economy and Commerce according to the procedure set by the implementing law. Regulation does not specify the details that need to be added with software but some with the necessary information in order to become included in use would be as follows:
1. Name as well as of Residence within the applicants of the trademark status objected.
2. Type of trade activity taken on.
3. Description of this goods, products or services.
4. Details by the trademark including an example of the same.
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 made available to the applicant evidencing the receipt for the application. The said receipt shall include 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 application.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed towards 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 for the non-registrable marks or does not infringe a few existing brand. After the review the department may inquire any other additional information or clarifications that’s necessary, might be also want the applicant to make any amendment in the said trademark.
In case the application for the registration is rejected your department, the department must notify exact same way to drug abuse with the reasons for the rejection in certain and inform the applicant about his right to prepare a grievance about aren’t with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance for this applicant that’s not a problem committee, a day is notified to a criminal record for the hearing the grievance of your applicant. This date should be notified for the applicant around before a time of 10 days from the date of hearing the petition. In the event the applicant isn’t satisfied by the decision of the committee after such hearing, the applicant has the legal right to file an appeal along with competent civil court on a period of 60 days from the date of this decision with the committee.