Trademark is the right given to person shield 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 ought to be acquired through registering one’s trademark. In the Uae 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 persons 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. The only additional condition for a non-national is that their activities should be maintained 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 your state 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 just one particular application if the goods or services are usually within the same class. Annexure 1 of the implementing law a new classification of the goods and services into several classes. That the goods that the actual first is dealing with fall within more than a single class, then occur the person is always to provide for a distinct application for the goods falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce in accordance with the procedure set the actual implementing law. Regulation does not specify the details that should be added with use but some with the necessary information to be included in use would be as follows:
1. Name make 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 of the trademark objection India including an example of the existing.
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 offered to the applicant evidencing the receipt of the application. The said receipt shall consist of the following details:
I. Serial number of the application.
II. Name and place of residence of the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter often called ‘the department’) shall review it and conform that it does not fall under any of the non-registrable marks or does not infringe a few existing hallmark. After the review the department may ask for any more complex information or clarifications which can be necessary, an individual also want the applicant additional medications . any amendment in the said hallmark.
In case the application for the registration is rejected by the department, the department must notify the same to the applicant with factors for the rejection in certain 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 of the applicant that’s not a problem committee, to start a date is notified to you for the hearing the grievance of your applicant. Can be should be notified towards the applicant no less than before a time of 10 days from the date of hearing the petition. If the applicant is not satisfied from decision from the committee after such hearing, the applicant has the authority to file an appeal with the competent civil court within a period of 60 days from the date within the decision with the committee.