Trademark is the right given to person to guard 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 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 carry out any commercial, industrial, handcraft or service activities. As it’s a lucrative additional condition for a non-national is that their activities should be continued 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 the state run 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 materials or services typical within the same class. Annexure one of the implementing law a new 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 occur the person end up being provide for some other application for goods falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce according to the procedure set from your implementing law. Legislation does not specify the details that must be added with software but some on the necessary information regarding included in the application would be as follows:
1. Name as well as of Residence among the applicants of the trademark.
2. Type of trade activity carried out.
3. Description among the goods, products or services.
4. Details by the 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 Reply Filing Online India.
Once the application is made, a receipt is made available to the applicant evidencing the receipt from the application. The said receipt shall include the following details:
I. Serial number in the application.
II. Name and place of residence of this applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services concerning the application.
V. Statement of documents annexed towards application.
After accepting the application, the Trade Control department (hereinafter recognized as ‘the department’) shall evaluate it and conform that it does not fall under any of the non-registrable marks or does not infringe the existing hallmark. After the review the department may obtain any more complex information or clarifications which is necessary, might be also have to have the applicant to create any amendment in the said trademark.
In case the application for the registration is rejected using the department, the department must notify the same to the candidate with causes for the rejection in certain and inform the applicant about his right to prepare a grievance about a similar with the Trademarks Committee (hereinafter called as ‘the committee’).
On submitting of the grievance with the applicant however committee, to start a date is notified to the candidate for the hearing the grievance of the applicant. Can be should be notified towards the applicant around before a time period of 10 days from the date of hearing the petition. If the applicant isn’t satisfied from your decision belonging to the committee after such hearing, the applicant has the legal right to file an appeal along with competent civil court from a period of 60 days from the date within the decision for this committee.