Procedure for Trademark Registration
Trademark is the right given to person preserve 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 really should be acquired through registering one’s trademark. In the Uae the trademark rights could 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 really perform any commercial, industrial, handcraft or service activities. Since they additional condition for a non-national is that their activities should be went 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 out of the country that deals with the state run as per the associated with 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 items or services are usually within the same class. Annexure hands down the implementing law provides a classification of materials and services into several classes. That the goods that the actual first is dealing with fall within more than a single class, then occur the person end up being provide for an outside application for the goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce based on the procedure set the actual implementing law. The law does not specify the details that must be added with software but some of the necessary information in order to become included in the application would be as follows:
1. Name and place of Residence within the applicants of the trademark.
2. Type of trade activity carried out.
3. Description of the goods, products or services.
4. Details of the trademark objection reply filing online including a sample of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to ask for 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 of the application. The said receipt shall consist of the following details:
I. Serial number belonging to the application.
II. Name and host to residence of the applicant.
III. Date and hour of depositing the method.
IV. Class of products, goods or services for the application.
V. Statement of documents annexed to the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall analyze it and conform that it doesn’t stop here fall under any with the non-registrable marks or does not infringe the existing signature. After the review the department may get any other additional information or clarifications which is necessary, their friends also need the applicant to make any amendment in the said trademark.
In case the application for the registration is rejected by the department, the department must notify the same to the applicant with the reasons for the rejection in certain and inform the applicant about his right toward putting away a grievance about the same with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance on the applicant while using committee, to start a date is notified to criminal background for the hearing the grievance within the applicant. Can be should be notified into the applicant a minimum of before a time period of 10 days from the date of hearing the petition. Should the applicant is not satisfied your decision with the committee after such hearing, the applicant has the legal right to file an appeal however competent civil court from a period of 60 days from the date within the decision with the committee.
