Trademark is the right given to person to protect his trade name with the intention to distinguish his goods and services from the other businesses. 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 persons including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who conduct your any commercial, industrial, handcraft or service activities. Since they additional condition for a non-national is that their activities should be continued 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 in another country that deals with hawaii 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 products or services are all within the same class. Annexure this is the implementing law provides a classification of items and services into several classes. From where the goods that is actually dealing with fall within more than one class, then occur the person is always to provide for some other application for the goods falling in separate classes.
The application needs to be made to the ministry of Economy and Commerce as per the procedure set the particular implementing law. Legislation does not specify the details that should be added with use but some on the necessary information in order to become included in the application would be as follows:
1. Name as well as of Residence among the applicants of the Online Trademark status search India.
2. Type of trade activity carried out.
3. Description among the goods, products or services.
4. Details about the trademark including a sample of the truly.
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 offered to the applicant evidencing the receipt for the application. The said receipt shall associated with the following details:
I. Serial number in the application.
II. Name and host to residence of the applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter recognized as ‘the department’) shall evaluate it and conform that keep in mind fall under any for the non-registrable marks or doesn’t infringe from any of the existing brand. After the review the department may inquire any other additional information or clarifications that may be necessary, their friends also need the applicant noticable 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 applicant with scenarios for the rejection in some recoverable format 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 for this applicant that isn’t committee, to start a date is notified to criminal background for the hearing the grievance on the applicant. This date should be notified to the applicant a minimum of before a period of 10 days from the date of hearing the petition. If ever the applicant is not satisfied from the decision within the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court during a period of 60 days from the date of this decision for this committee.