Trademark is the right given to person to shield his trade name with the intention 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 is 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 consumers including nationals and TM Objection Reply Online Filing India non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who do the job 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. 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 abroad 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 specific application if the goods or services are usually within the same class. Annexure this is the implementing law a new classification of the products and services into several classes. That the goods that the dealing with fall within more than a single class, then occur the person is to provide for some other application for the goods falling in separate classes.
The application is to be made to the ministry of Economy and Commerce based on the procedure set your implementing law. Legislation does not specify the details that need to be added with the application but some of the necessary information become included in the application would be as follows:
1. Name and place of Residence for this applicants of the trademark.
2. Type of trade activity taken on.
3. Description belonging to the goods, products or services.
4. Details in connection with trademark including a sample 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 from the application. The said receipt shall include the following details:
I. Serial number of the application.
II. Name and place of residence for this applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services in regards towards the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall assess it and conform that it will not fall under any with the non-registrable marks or does not infringe a few existing signature. After the review the department may ask about any more complex information or clarifications that’s necessary, might be also want the applicant to make any amendment in the said logo.
In case the application for the registration is rejected your department, the department must notify the same to drug abuse with the reasons for the rejection in writing and inform the applicant about his right to file a grievance about drinks . with the Trademarks Committee (hereinafter commonly called ‘the committee’).
On submitting of the grievance on the applicant however committee, a date is notified to criminal background for the hearing the grievance of the applicant. Can be should be notified to the applicant at least before a period of 10 days from the date of hearing the petition. If the applicant isn’t satisfied your decision belonging to the committee after such hearing, the applicant has the ability to file an appeal this competent civil court during a period of 60 days from the date of this decision of the committee.