Trademark is the right given to person to guard his trade name with a view to distinguish his goods and services from the many more. 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 has to 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. As it's a lucrative additional condition for a non-national is that their activities should be carried on in the State. 3rd workout 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 a single application if the goods or services frequent within the same class. Annexure one of the implementing law the classification of materials and services into several classes. How the goods that is actually dealing with fall within more than a single class, then occur the person will be always to provide for another application for the goods falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce according to the procedure set by the implementing law. The law does not specify the details that should be added with use but some of the necessary information to be included in use would be as follows:
1. Name and hang of Residence for this applicants of the trademark.
2. Type of trade activity undertaken.
3. Description of the goods, products or services.
4. Details of the Online Trademark status search India including an example of the existing.
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 made available to the applicant evidencing the receipt in the application. The said receipt shall consist of the following details:
I. Serial number in the application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services rrn regards to 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 keep in mind fall under any of the non-registrable marks or doesn't infringe the existing brand. After the review the department may inquire any other additional information or clarifications that may be necessary, might be also want the applicant noticable any amendment in the said brand.
In case the application for the registration is rejected using the department, the department must notify the same to criminal background with factors for the rejection documented and inform the applicant about his right to prepare a grievance about the same with the Trademarks Committee (hereinafter referred to as 'the committee').
On submitting of the grievance with the applicant however committee, to start dating ? is notified to the applicant for the hearing the grievance of your applicant. Can be should be notified to your applicant at least before a time of 10 days from the date of hearing the petition. In the event the applicant is not satisfied from decision with the committee after such hearing, the applicant has the legal right to file an appeal however competent civil court on a period of 60 days from the date within the decision with the committee.