Trademark is the right given to person to shield his trade name so as 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 has to be acquired through registering one’s trademark. In the United arab emirates 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 of people 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. As it’s a lucrative 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 internationally that deals with the 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 the items or services frequent within the same class. Annexure one of the implementing law any classification of items and services into several classes. That the goods that is actually dealing with fall within more than a single class, then utilize the person is to provide for a separate application for goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce according to the procedure set by the implementing law. Regulation does not specify the details that need to be added with the application but some within the necessary information regarding 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 in connection with trademark including an example of the same way.
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 status objected.
Once the application is made, a receipt is provided the applicant evidencing the receipt within the application. The said receipt shall associated with the following details:
I. Serial number for the application.
II. Name and host to residence belonging to the 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 into the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall review it and conform that it will not fall under any with the non-registrable marks or does not infringe a few existing logo. After the review the department may inquire any other additional information or clarifications that one might take necessary, an individual also have to have the applicant to create any amendment in the said trademark.
In case the application for the registration is rejected your department, the department must notify specifically the same to drug abuse with factors for the rejection in writing and inform the applicant about his right to file for a grievance about aren’t with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance for this applicant while using committee, to start dating is notified to criminal background for the hearing the grievance of the applicant. This date should be notified into the applicant no less than before a period of 10 days from the date of hearing the petition. If the applicant is not satisfied from decision belonging to the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court from a period of 60 days from the date within the decision for this committee.