Trademark is the right given to person to shield his trade name with a view to distinguish his goods and services from the other businesses. 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 Ministry of Economy and Commerce.
According to the federal law no. 37 of 1992 (hereinafter referred to as ‘the law’) a trademark objected status Online India 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 really perform 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. 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 associated with reciprocity. The last category involves the public juridical persons.
Trademarks for several goods or services can be registered together through specific application if the products or services are all within the same class. Annexure this is the implementing law provides a classification of materials and services into several classes. From where the goods that is actually dealing with fall within more than one class, then utilize the person will be always to provide for another application for the goods falling in separate classes.
The application can be made to the ministry of Economy and Commerce in line with the procedure set by the implementing law. Legislation does not specify the details that must be added with the application but some of the necessary information become included in use 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 of the trademark including a sample of the same way.
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 offered to the applicant evidencing the receipt from the application. The said receipt shall associated with the following details:
I. Serial number for the application.
II. Name and place of residence of this applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services in regards towards the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall analyze it and conform that keep in mind fall under any with the non-registrable marks or doesn’t infringe the existing trademark. After the review the department may inquire any more complex information or clarifications that one might take necessary, an individual also need the applicant additional medications . any amendment in the said brand.
In case the application for the registration is rejected by the department, the department must notify the same to criminal background with causes for the rejection in certain and inform the applicant about his right to file a grievance about a similar with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance of the applicant with the committee, to start a date is notified to a criminal record for the hearing the grievance of the applicant. Can be should be notified to the applicant around before a time of 10 days from the date of hearing the petition. If the applicant is not satisfied from your decision belonging to the committee after such hearing, the applicant has the legal right to file an appeal however competent civil court on top of a period of 60 days from the date of this decision with the committee.