Procedure for Trademark Registration

Trademark is the right given to person to shield his trade name with the intention to 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 is to be acquired through registering one’s trademark. In the United arab emirates 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 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 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 in a foreign country that deals with the state 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 tend to be within the same class. Annexure this is the implementing law a new classification of materials and services into several classes. How the goods that is actually dealing with fall within more than one class, then utilize the person usually provide for a separate application for goods falling in separate classes.

The application should be made to the ministry of Economy and Commerce in accordance with the procedure set the actual implementing law. The law does not specify the details that must be added with software but some of the necessary information to be included in software would be as follows:

1. Name as well as of Residence of the applicants of the trademark objected status Online India.

2. Type of trade activity taken on.

3. Description of the 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 provided for the applicant evidencing the receipt from 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 application.

IV. Class of products, goods or services rrn regards to 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 evaluate it and conform that keep in mind fall under any of the non-registrable marks or does not infringe from any of the existing hallmark. After the review the department may ask for any other additional information or clarifications which can be necessary, frequently also require the applicant noticable any amendment in the said trademark.

In case the application for the registration is rejected along with department, the department must notify exact same way to the applicant with factors for the rejection written and inform the applicant about his right to prepare a grievance about a similar with the Trademarks Committee (hereinafter referred to as ‘the committee’).

On submitting of the grievance for this applicant however committee, to start a date is notified to the applicant for the hearing the grievance of your applicant. This date should be notified into the applicant at the very before a time of 10 days from the date of hearing the petition. If the applicant isn’t satisfied from decision within the committee after such hearing, the applicant has the authority to file an appeal this competent civil court on a period of 60 days from the date of your decision within the committee.