Trademark is the right given to person to protect his trade name with a view to distinguish his goods and services from the other types. 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 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 of folks that including nationals and non-nationals. The first two categories involves the State nationals and TM Objection Reply Online Filing India 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 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 out of the country that deals with their 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 specific application if the items or services are all within the same class. Annexure one of the implementing law a new classification of items and services into several classes. Place goods that the dealing with fall within more than a single class, then now the person usually provide for an outside application for the goods falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce according to the procedure set the actual implementing law. Regulation does not specify the details that need to be added with use but some with the necessary information in order to become included in the application would be as follows:
1. Name as well as of Residence for this applicants of the trademark.
2. Type of trade activity took on.
3. Description among the goods, products or services.
4. Details by the trademark including an example of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to seek 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 from the application. The said receipt shall consist of the following details:
I. Serial number of this application.
II. Name and place of residence of this applicant.
III. Date and hour of depositing the method.
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 frequently ‘the department’) shall analyze it and conform that it will not fall under any with the non-registrable marks or doesn’t infringe any of the existing logo. After the review the department may ask about any more complex information or clarifications that’s necessary, they may also have to have the applicant help to make any amendment in the said signature.
In case the application for the registration is rejected your department, the department must notify exact same way to you 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 referred to as ‘the committee’).
On submitting of the grievance on the applicant however committee, a date is notified to you for the hearing the grievance within the applicant. This date should be notified to the applicant at the very before a time period of 10 days from the date of hearing the petition. If ever the applicant is not satisfied by the decision of the committee after such hearing, the applicant has the right to file an appeal this competent civil court from a period of 60 days from the date of the decision within the committee.