Trademark is the right given to person shield his trade name so that it will 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 status objected 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 only additional condition for a non-national is that their activities should be persisted 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 in a foreign country that deals with their 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 specific application if the items or services are all within the same class. Annexure 1 of the implementing law a new classification of the products and services into several classes. From where the goods that the actual first is dealing with fall within more than a single class, then utilize the person is always to provide for another application for the goods falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce based on the procedure set from your implementing law. Regulation does not specify the details that ought to be added with software but some within the necessary information become included in software would be as follows:
1. Name and place of Residence within the applicants of the trademark.
2. Type of trade activity taken on.
3. Description among the goods, products or services.
4. Details by the trademark including a sample of the same way.
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 include the following details:
I. Serial number belonging to the application.
II. Name and place of residence of this applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter acknowledged ‘the department’) shall analyze it and conform that it doesn’t fall under any belonging to the non-registrable marks or doesn’t infringe a few existing brand. After the review the department may obtain any other additional information or clarifications that’s necessary, they may also want the applicant noticable any amendment in the said hallmark.
In case the application for the registration is rejected along with department, the department must notify the same to the applicant with causes for the rejection in writing and inform the applicant about his right to file a grievance about aren’t with the Trademarks Committee (hereinafter called as ‘the committee’).
On submitting of the grievance of the applicant that’s not a problem committee, a date is notified to the candidate for the hearing the grievance within the applicant. This date should be notified for the applicant around before a time of 10 days from the date of hearing the petition. When the applicant isn’t satisfied from decision of the committee after such hearing, the applicant has the ability to file an appeal however competent civil court within a period of 60 days from the date of this decision for this committee.