Trademark is the right given to person to protect his trade name so that it will distinguish his goods and services from the many more. 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 United arab emirates the trademark objection reply filing online rights can 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 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. 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 in a foreign country that deals with your state 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 one single application if the items or services typical within the same class. Annexure one of the implementing law provides a classification of the goods and services into several classes. Place goods that the dealing with fall within more than one class, then now the person is always to provide for a separate application for materials falling in separate classes.
The application can be made to the ministry of Economy and Commerce in line with the procedure set by the implementing law. Regulation does not specify the details that need to be added with software but some on the necessary information in order to become included in software would be as follows:
1. Name and hang of Residence within the applicants of the trademark.
2. Type of trade activity undertaken.
3. Description among the goods, products or services.
4. Details concerning trademark including an example of the same.
5. Apart from these, the relevant authority at the Ministry has the rights to ask for 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 of the application. The said receipt shall include the following details:
I. Serial number in the application.
II. Name and host to residence within the applicant.
III. Date and hour of depositing the job.
IV. Class of products, goods or services rrn regards to the application.
V. Statement of documents annexed towards the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall evaluate it and conform that it doesn’t fall under any with the non-registrable marks or does not infringe a few of the existing brand. After the review the department may obtain any other additional information or clarifications that’s necessary, an individual also require the applicant to make any amendment in the said hallmark.
In case the application for the registration is rejected using the department, the department must notify exact same way to criminal background with existing for the rejection in writing 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 within the applicant however committee, a date is notified to the applicant for the hearing the grievance within the applicant. This date should be notified into the applicant at the very before a period of 10 days from the date of hearing the petition. If ever the applicant is not satisfied from decision belonging to 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 belonging to the decision for this committee.