Procedure for Trademark Registration
Trademark is the right given to person preserve his trade name you will find that 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 is to be acquired through registering one’s trademark. In the United arab emirates 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 people today including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use any commercial, industrial, handcraft or service activities. The actual 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 internationally that deals with the 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 just one particular application if the products or services frequent within the same class. Annexure hands down the implementing law any classification of materials and services into several classes. How the goods that the actual first is dealing with fall within more than a single class, then utilize the person will be always to provide for another application for materials falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce according to the procedure set the particular implementing law. Regulation does not specify the details that ought to be added with software but some from the necessary information in order to become included in the application would be as follows:
1. Name and of Residence for this applicants of the Trademark Objection Reply Filing online.
2. Type of trade activity taken on.
3. Description of the goods, products or services.
4. Details about the trademark including a sample of the same way.
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 made available to the applicant evidencing the receipt from the application. The said receipt shall associated with the following details:
I. Serial number belonging to the application.
II. Name and host to residence for this applicant.
III. Date and hour of depositing the application.
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 frequently ‘the department’) shall review it and conform that it doesn’t stop here fall under any belonging to the non-registrable marks or does not infringe a few existing signature. After the review the department may obtain any more complex information or clarifications which can be necessary, frequently also need the applicant additional medications . any amendment in the said brand.
In case the application for the registration is rejected using the department, the department must notify specifically the same to the applicant with causes for the rejection in certain and inform the applicant about his right to file a grievance about a similar with the Trademarks Committee (hereinafter categorized as ‘the committee’).
On submitting of the grievance within the applicant with the committee, to start a date is notified to you for the hearing the grievance belonging to the applicant. Can be should be notified towards the applicant at the very before a time period of 10 days from the date of hearing the petition. If ever the applicant isn’t satisfied by the decision belonging to the committee after such hearing, the applicant has the legal right to file an appeal however competent civil court during a period of 60 days from the date within the decision with the committee.