Trademark is the right given to person preserve 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 Uae the trademark rights could 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 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. The actual additional condition for a non-national is that their activities should be carried on 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 in a foreign country that deals with hawaii 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 the items or services frequent within the same class. Annexure the implementing law supplies a classification of materials and services into several classes. That the goods that is actually dealing with fall within more than a single class, then easily transportable the person will be always to provide for an outside 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. Regulation does not specify the details that should be added with software but some on the necessary information to be included in the application would be as follows:
1. Name and place of Residence within the applicants of the trademark.
2. Type of trade activity took on.
3. Description of this goods, products or services.
4. Details concerning trademark status objected including an example of the truly.
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 made available 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 within the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall check it and conform that it doesn’t fall under any belonging to the non-registrable marks or does not infringe a few existing hallmark. After the review the department may get any other additional information or clarifications that’s necessary, they may also require the applicant to make any amendment in the said logo.
In case the application for the registration is rejected coming from the department, the department must notify specifically the same to the candidate with scenarios for the rejection in writing and inform the applicant about his right toward putting away a grievance about the same with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance for this applicant with the committee, a date is notified to the candidate for the hearing the grievance within the applicant. Can be should be notified towards the applicant at least before a time period of 10 days from the date of hearing the petition. In the event the applicant is not satisfied by the decision from the committee after such hearing, the applicant has the ability to file an appeal this competent civil court during a period of 60 days from the date of your decision for this committee.