Trademark is the right given to person to guard his trade name you will find that 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 need to be acquired through registering one’s trademark. In the Uae the trademark rights could be enjoyed by registering the trademark objection India 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 do the job any commercial, industrial, handcraft or service activities. The only additional condition for a non-national is that their activities should be carried on 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 their 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 specific application if the goods or services tend to be within the same class. Annexure the implementing law supplies a classification of the products and services into several classes. How the goods that is actually dealing with fall within more than one class, then utilize the person is to provide for a distinct application for the goods falling in separate classes.
The application can be made to the ministry of Economy and Commerce as per the procedure set your implementing law. The law does not specify the details that should be added with use but some with the necessary information to be included in software would be as follows:
1. Name as well as of Residence for this applicants of the trademark.
2. Type of trade activity taken on.
3. Description of this goods, products or services.
4. Details concerning trademark including an example of the truly.
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 within the application. The said receipt shall consist of the following details:
I. Serial number of the application.
II. Name and place of residence within the applicant.
III. Date and hour of depositing the application.
IV. Class of products, goods or services the application.
V. Statement of documents annexed into the application.
After accepting the application, the Trade Control department (hereinafter frequently ‘the department’) shall review it and conform that it will not fall under any of the non-registrable marks or doesn’t infringe the existing brand. After the review the department may ask about any other additional information or clarifications which is necessary, their friends also want the applicant noticable any amendment in the said hallmark.
In case the application for the registration is rejected coming from the department, the department must notify the same to criminal background with the reasons for the rejection documented and inform the applicant about his right to file for a grievance about a similar with the Trademarks Committee (hereinafter referred to as ‘the committee’).
On submitting of the grievance on the applicant however committee, a date is notified to the applicant for the hearing the grievance belonging to the applicant. This date should be notified into the applicant around before a period of 10 days from the date of hearing the petition. When the applicant is not satisfied from your decision from the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court within a period of 60 days from the date of this decision of the committee.