Trademark is the right given to person to protect his trade name with the intention to 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 ought to 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 objection reply filing online 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 really perform any commercial, industrial, handcraft or service activities. The only additional condition for a non-national is that their activities should be carried on 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 abroad 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 a single application if the goods or services are all within the same class. Annexure the implementing law any classification of materials and services into several classes. That the goods that one is dealing with fall within more than a single class, then occur the person is always to provide for some other application for materials 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. Legislation does not specify the details that must be added with use but some on the necessary information become included in the application would be as follows:
1. Name and hang of Residence for this applicants of the trademark.
2. Type of trade activity carried out.
3. Description on 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 gather any other documents that they deem necessary for the registration of the said trademark.
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 belonging to the application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services for the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter recognized as 'the department') shall check it and conform that it doesn't fall under any belonging to the non-registrable marks or doesn't infringe a few of the existing brand. After the review the department may ask about any more complex information or clarifications that may be necessary, frequently also have to have the applicant to create any amendment in the said logo.
In case the application for the registration is rejected along with department, the department must notify exact same way to drug abuse with causes for the rejection in some recoverable format and inform the applicant about his right to prepare a grievance about the same with the Trademarks Committee (hereinafter commonly called 'the committee').
On submitting of the grievance of the applicant however committee, to start dating ? is notified to a criminal record for the hearing the grievance on the applicant. This date should be notified towards the applicant a minimum of before a time of 10 days from the date of hearing the petition. If the applicant isn't satisfied from decision with the committee after such hearing, the applicant has the ability to file an appeal however competent civil court on top of a period of 60 days from the date of the decision for this committee.