Trademark is the right given to person shield his trade name so as to 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 need 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 objection India may be registered by 4 categories of folks that including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who carry out 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 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 1 application if the items or services typical within the same class. Annexure the implementing law provides a classification of items and services into several classes. How the goods that the dealing with fall within more than one class, then in that case the person end up being provide for some other application for the goods falling in separate classes.
The application should be made to the ministry of Economy and Commerce in line with the procedure set by the implementing law. Legislation does not specify the details that must be added with use but some from the necessary information to be included in use would be as follows:
1. Name and place of Residence within the applicants of the trademark.
2. Type of trade activity took on.
3. Description on the goods, products or services.
4. Details concerning trademark including an example of the extremely.
5. Apart from these, the relevant authority at the Ministry has the rights to question any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is given to the applicant evidencing the receipt in the application. The said receipt shall include the following details:
I. Serial number belonging to the application.
II. Name and place of residence of this applicant.
III. Date and hour of depositing the application.
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 referred to as ‘the department’) shall check it and conform that it doesn’t fall under any among the non-registrable marks or doesn’t infringe a few existing hallmark. After the review the department may ask about any other additional information or clarifications which is necessary, might be also require the applicant to make any amendment in the said brand.
In case the application for the registration is rejected coming from the department, the department must notify the same to the applicant with the reasons for the rejection written and inform the applicant about his right toward putting away a grievance about aren’t with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance on the applicant that isn’t committee, to start a date is notified to criminal background for the hearing the grievance of the applicant. This date should be notified into the applicant around before a time period of 10 days from the date of hearing the petition. Should the applicant is not satisfied from decision from the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court on top of a period of 60 days from the date within the decision for this committee.