Method to Trademark Registration
Trademark is the right given to person to guard 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 is to be acquired through registering one’s trademark. In the Uae the trademark rights can 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 conduct your any commercial, industrial, handcraft or service activities. Release 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 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 merchandise or services frequent within the same class. Annexure this is the implementing law provides a classification of the merchandise and services into several classes. Place goods that is actually dealing with fall within more than a single class, then occur the person usually provide for some other application for the items falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce in accordance with the procedure set the actual implementing law. The law does not specify the details that ought to be added with the application but some from the necessary information always be included in software would be as follows:
1. Name and place of Residence for this applicants of the trademark objection reply filing online.
2. Type of trade activity undertaken.
3. Description on the goods, products or services.
4. Details of the trademark including a sample of the extremely.
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 of the application. The said receipt shall include the following details:
I. Serial number for the application.
II. Name and host to residence of the applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall review it and conform that it will not fall under any among the non-registrable marks or doesn’t infringe a few existing signature. After the review the department may get any more complex information or clarifications that’s necessary, their friends also have to have the applicant additional medications . any amendment in the said brand.
In case the application for the registration is rejected along with department, the department must notify exact same way to drug abuse with the reasons for the rejection documented and inform the applicant about his right to prepare a grievance about the same with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance for this applicant however committee, to start a date is notified to the candidate for the hearing the grievance on the applicant. Can be should be notified to the applicant at the very before a period of 10 days from the date of hearing the petition. Should the applicant isn’t satisfied by the decision with the committee after such hearing, the applicant has the legal right to file an appeal with the competent civil court from a period of 60 days from the date within the decision with the committee.
