Procedure for Trademark Registration
Trademark is the right given to person to shield his trade name so that it will distinguish his goods and services from the other types. 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 could be enjoyed by registering the trademark with the Secretary of state for 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 of people 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. Since they additional condition for a non-national is that their activities should be went on in the State. 3rd 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 specific application if merchandise or services tend to be within the same class. Annexure hands down the implementing law a new classification of the goods and services into several classes. Where the goods that the actual first is dealing with fall within more than one class, then easily transportable the person end up being provide for a distinct application for materials falling in separate classes.
The application should be made to the ministry of Economy and Commerce according to the procedure set from your implementing law. Legislation does not specify the details that ought to be added with the application but some on the necessary information always be included in software would be as follows:
1. Name and of Residence for this applicants of the trademark.
2. Type of trade activity carried out.
3. Description of this goods, products or services.
4. Details by the trademark including a sample of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to gather 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 associated with the following details:
I. Serial number of the application.
II. Name and TM Status Objected India host to residence of the applicant.
III. Date and hour of depositing the installation.
IV. Class of products, goods or services the application.
V. Statement of documents annexed on the application.
After accepting the application, the Trade Control department (hereinafter recognized as ‘the department’) shall analyze it and conform that it will not fall under any with the non-registrable marks or doesn’t infringe from any of the existing signature. After the review the department may ask for any more complex information or clarifications that may be necessary, might be also require the applicant to create any amendment in the said hallmark.
In case the application for the registration is rejected your department, the department must notify specifically the same to the applicant 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 with the committee, to start dating ? is notified to the candidate for the hearing the grievance belonging to the applicant. Can be should be notified to your applicant at least before a time period of 10 days from the date of hearing the petition. Should the applicant is not satisfied from the decision within the committee after such hearing, the applicant has the ability to file an appeal using competent civil court on a period of 60 days from the date of the decision for the committee.
