Trademark is that the right given to person to guard his brand name so on distinguish his goods and services from the others. it’s a throughout which an individual can stop others from taking advantage of his trade reputation and from misleading consumers. But this right isn’t a default right and has got to be acquired through registering one’s trademark. within the United Arab Emirates the trademark rights are often enjoyed by registering the trademark with the Ministry of Economy and Commerce.
According to the federal law no. 37 of 1992 (hereinafter mentioned as ‘the law’) a trademark could also be registered by 4 categories of individuals including nationals and non-nationals. the primary two categories involves the State nationals and non-nationals, both natural and juridical, who perform any commercial, industrial, handcraft or service activities. the sole additional condition for a non-national is that their activities should be carried on within the State. The third category of individuals also involves non nationals, natural and juridical, but the non-nationals during this category perform their trade and commerce activities in another country that deals with the State as per the concept of reciprocity. The last category involves the general public juridical persons.
Trademarks for several goods or services are often registered together through one application if the products or services are all within an equivalent class. Annexure 1 of the implementing law provides a classification of the products and services into several classes. Where the products that one is handling fall within quite one class, then therein case the person is to supply for a separate application for the products falling in separate classes.
The application is to be made to the ministry of Economy and Commerce consistent with the procedure set by the implementing law. The law doesn’t specify the small print that require to be added with the appliance but a number of the required information to be included within the application would be as follows:
- Name and Place of Residence of the applicants of the trademark.
- sort of trade activity undertaken.
- Description of the products , products or services.
- Details about the trademark including a sample of an equivalent .
- aside from these, the relevant authority at the Ministry has the rights to invite the other documents that they deem necessary for the registration of the said trademark.