Trademark is the right given to person to protect his trade name with a view to 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 Online Trademark status search India 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 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. Since they additional condition for a non-national is that their activities should be maintained 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 a single application if the goods or services tend to be within the same class. Annexure this is the implementing law the classification of the merchandise and services into several classes. From where the goods that is actually dealing with fall within more than a single class, then easily transportable the person is always to provide for a distinct application for materials falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce as per the procedure set by the implementing law. The law does not specify the details that need to be added with use but some of the necessary information in order to become included in software would be as follows:
1. Name as well as of Residence with the applicants of the trademark.
2. Type of trade activity taken on.
3. Description on the goods, products or services.
4. Details concerning trademark including an example of the same way.
5. Apart from these, the relevant authority at the Ministry has the rights to question any other documents that they deem necessary for the registration of the said trademark.
Once the application is made, a receipt is provided the applicant evidencing the receipt in the application. The said receipt shall include the following details:
I. Serial number of this 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 towards the application.
After accepting the application, the Trade Control department (hereinafter referred to as ‘the department’) shall review it and conform that it doesn’t fall under any of the non-registrable marks or does not infringe a few existing signature. After the review the department may ask for any other additional information or clarifications that one might take necessary, frequently also want the applicant noticable any amendment in the said brand.
In case the application for the registration is rejected along with department, the department must notify exact same way to criminal background with the reasons for the rejection in some recoverable format and inform the applicant about his right to file for a grievance about the same with the Trademarks Committee (hereinafter termed ‘the committee’).
On submitting of the grievance of the applicant with the committee, to start dating is notified to the candidate for the hearing the grievance on the applicant. This date should be notified towards the applicant around before a period of 10 days from the date of hearing the petition. When the applicant isn’t satisfied from decision within the committee after such hearing, the applicant has the legal right to file an appeal using competent civil court on top of a period of 60 days from the date belonging to the decision within the committee.