Trademark is the right given to person preserve his trade name so that it will 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. In the United arab emirates 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 consumers including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who conduct your any commercial, industrial, handcraft or service activities. The actual 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 out of the country that deals with your 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 materials or services tend to be within the same class. Annexure 1 of the implementing law any classification of the goods and services into several classes. That the goods that the actual first is dealing with fall within more than one class, then in that case the person will be always to provide for another application for materials 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. The law does not specify the details that need to be added with software but some of the necessary information always be included in the application would be as follows:
1. Name and hang of Residence of the applicants of the Trademark Objection Reply Filing online.
2. Type of trade activity undertaken.
3. Description belonging to the goods, products or services.
4. Details concerning trademark including a sample of the existing.
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 in the application. The said receipt shall associated with the following details:
I. Serial number of this application.
II. Name and place of residence of the applicant.
III. Date and hour of depositing the software package.
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 assess it and conform that it does not fall under any for the non-registrable marks or does not infringe a few existing trademark. After the review the department may get any more complex information or clarifications which can be necessary, an individual also need the applicant to create any amendment in the said signature.
In case the application for the registration is rejected your department, the department must notify the same to you with existing for the rejection in writing and inform the applicant about his right arranging a grievance about aren’t with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance for this applicant that’s not a problem committee, to start dating 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 is not satisfied from your decision with the committee after such hearing, the applicant has the legal right to file an appeal along with competent civil court within a period of 60 days from the date of your decision for the committee.