Trademark is the right given to person shield his trade name you will find that 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 status objected. In the United arab emirates the trademark rights could 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 consumers 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 maintained in the State. The third 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 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 one single application if the products or services frequent within the same class. Annexure this is the implementing law supplies a classification of the goods and services into several classes. That the goods that the dealing with fall within more than a single class, then occur the person is always to provide for another application for the products falling in separate classes.
The application can be made to the ministry of Economy and Commerce as per the procedure set the actual implementing law. Legislation does not specify the details that should be added with software but some from the necessary information become included in the application would be as follows:
1. Name and place of Residence for this applicants of the trademark.
2. Type of trade activity carried out.
3. Description of this goods, products or services.
4. Details in connection with trademark 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 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 place of residence of the applicant.
III. Date and hour of depositing the method.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall check it and conform that it doesn’t fall under any for the non-registrable marks or does not infringe a few existing signature. After the review the department may obtain any more complex information or clarifications which can be necessary, their friends also want the applicant to create any amendment in the said logo.
In case the application for the registration is rejected coming from the department, the department must notify identical shoes you wear to criminal background with existing for the rejection documented and inform the applicant about his right toward putting away a grievance about the same with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance with the applicant however committee, to start dating is notified to a criminal record for the hearing the grievance on the applicant. Can be should be notified into the applicant at least before a time period of 10 days from the date of hearing the petition. When the applicant is not satisfied from the decision within 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 this decision within the committee.