Trademark is the right given to person shield 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 really should 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 of people including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who do the job any commercial, industrial, handcraft or service activities. Release 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 in another 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 one single application if materials or services frequent within the same class. Annexure 1 of the implementing law provides a classification of the merchandise and services into several classes. How the goods that one is dealing with fall within more than a single class, then occur the person usually provide for some other application for materials falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce in accordance with the procedure set by the implementing law. Regulation does not specify the details that need to be added with the application but some on the necessary information to be included in use would be as follows:
1. Name and place of Residence with the applicants of the trademark.
2. Type of trade activity carried out.
3. Description on the goods, products or services.
4. Details about the trademark including an example of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to gather any other documents that they deem necessary for the registration of the said trademark objection online reply filing India.
Once the application is made, a receipt is made available to the applicant evidencing the receipt in the application. The said receipt shall include the following details:
I. Serial number of the application.
II. Name and host to residence of this 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 to the application.
After accepting the application, the Trade Control department (hereinafter often called ‘the department’) shall assess it and conform that it doesn’t fall under any with the non-registrable marks or doesn’t infringe any of the existing signature. After the review the department may ask about any more complex information or clarifications that may be necessary, their friends also require the applicant to make any amendment in the said hallmark.
In case the application for the registration is rejected along with department, the department must notify specifically the same to criminal background with causes for the rejection in writing and inform the applicant about his right to file for a grievance about drinks . with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance on the applicant however committee, to start dating is notified to the candidate for the hearing the grievance within the applicant. Can be should be notified into the applicant no less than before a period of 10 days from the date of hearing the petition. When the applicant is not satisfied by the decision within the committee after such hearing, the applicant has the legal right to file an appeal with the competent civil court during a period of 60 days from the date of your decision for this committee.