Trademark is the right given to person to protect his trade name so that it will 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 ought to be acquired through registering one’s trademark. In the Uae the trademark objection reply filing online 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 people today 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. As it’s a lucrative additional condition for a non-national is that their activities should be persisted in the State. Method to category of people also involves non nationals, natural and juridical, but the non-nationals in this category carry out their trade and commerce activities out of the country 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 just one particular application if the products or services are usually within the same class. Annexure one of the implementing law supplies a classification of the goods and services into several classes. From where the goods that the actual first is dealing with fall within more than a single class, then now the person end up being provide for a separate application for goods falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce based on the procedure set the particular implementing law. Regulation does not specify the details that must be added with use but some of the necessary information become included in use would be as follows:
1. Name and place of Residence for this applicants of the trademark.
2. Type of trade activity undertaken.
3. Description of the goods, products or services.
4. Details concerning trademark including an example of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to expect 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 for the application.
II. Name and host to residence for 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 frequently ‘the department’) shall check it and conform that keep in mind fall under any of the non-registrable marks or does not infringe from any of the existing signature. After the review the department may obtain any more complex information or clarifications that one might take necessary, their friends also want the applicant to create any amendment in the said signature.
In case the application for the registration is rejected along with department, the department must notify the same to criminal background with causes for the rejection documented and inform the applicant about his right arranging a grievance about switching the with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance on the applicant however committee, to start a date is notified to criminal background for the hearing the grievance within the applicant. This date should be notified to the applicant no less than before a time period of 10 days from the date of hearing the petition. Should the applicant isn’t satisfied from decision within the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court on a period of 60 days from the date within the decision with the committee.