Trademark is the right given to person to protect his trade name you will find that distinguish his goods and services from the others. 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 has to be acquired through registering one’s trademark. In the United arab emirates the trademark rights can be enjoyed by registering the Online Trademark status search India 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 folks that including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who really perform 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 internationally that deals with your 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 1 application if the products or services tend to be within the same class. Annexure this is the implementing law any classification of items and services into several classes. Where the goods that the dealing with fall within more than a single class, then occur the person will be always to provide for an outside 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 your implementing law. Legislation does not specify the details that must be added with the application but some within the necessary information become included in software would be as follows:
1. Name and of Residence for this applicants of the trademark.
2. Type of trade activity took on.
3. Description on the goods, products or services.
4. Details in connection with trademark including a sample 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 provided for the applicant evidencing the receipt from the application. The said receipt shall associated with the following details:
I. Serial number belonging to the application.
II. Name and place of residence belonging to the applicant.
III. Date and hour of depositing the method.
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 referred to as ‘the department’) shall review it and conform that it will not fall under any belonging to the non-registrable marks or doesn’t infringe a few existing trademark. After the review the department may obtain any other additional information or clarifications which can be necessary, might be also require applicant noticable any amendment in the said trademark.
In case the application for the registration is rejected by the department, the department must notify the same to the candidate with factors for the rejection written and inform the applicant about his right to prepare 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 a date is notified to the applicant for the hearing the grievance of the applicant. Can be should be notified to the applicant around before a period of 10 days from the date of hearing the petition. Should the applicant is not satisfied from the decision belonging to the committee after such hearing, the applicant has the legal right to file an appeal with the competent civil court from a period of 60 days from the date of this decision for the committee.