trademark objection India is the right given to person to protect his trade name so as to 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 need 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 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 consumers 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 persisted in the State. 3rd category of people also involves non nationals, natural and juridical, but the non-nationals in this category carry out their trade and commerce activities out of the country that deals with the state run 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 merchandise or services frequent within the same class. Annexure this is the implementing law the classification of items and services into several classes. That the goods that the actual first is dealing with fall within more than one class, then in that case the person is to provide for another application for the products falling in separate classes.
The application thought of as made to the ministry of Economy and Commerce based on the procedure set the particular implementing law. The law does not specify the details that need to be added with the application but some from the necessary information always be included in use would be as follows:
1. Name make of Residence with the applicants of the trademark.
2. Type of trade activity carried out.
3. Description among the goods, products or services.
4. Details of the trademark including an example of the same way.
5. Apart from these, the relevant authority at the Ministry has the rights to gather 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 of the application.
II. Name and host to residence belonging to the applicant.
III. Date and hour of depositing the software package.
IV. Class of products, goods or services in regards towards 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 analyze it and conform that it will not fall under any with the non-registrable marks or does not infringe any of the existing trademark. After the review the department may ask for any other additional information or clarifications which can be necessary, they may also need the applicant additional medications . any amendment in the said trademark.
In case the application for the registration is rejected your department, the department must notify the same to the applicant with causes for the rejection in writing 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 with the applicant with the committee, a date is notified to a criminal record for the hearing the grievance of the applicant. Can be should be notified to your applicant at least before a period of 10 days from the date of hearing the petition. If ever the applicant isn’t satisfied by the decision from the committee after such hearing, the applicant has the ability to file an appeal using competent civil court during a period of 60 days from the date of this decision with the committee.