Skip to content

Procedure for Trademark Registration

trademark objection India is the right given to person shield his trade name so as to distinguish his goods and services from the other businesses. 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 ought to be acquired through registering one's trademark. In the Uae the trademark rights can 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 people today including nationals and non-nationals. The first two categories involves the State nationals and non-nationals, both natural and juridical, who use any commercial, industrial, handcraft or service activities. As it's a lucrative additional condition for a non-national is that their activities should be went on 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 in another 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 specific application if materials or services are all within the same class. Annexure the implementing law a new classification of the goods 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 will be always to provide for an outside application for materials falling in separate classes.

The application needs to be made to the ministry of Economy and Commerce as per the procedure set from your implementing law. The law does not specify the details that must be added with use but some within the necessary information regarding included in software would be as follows:

1. Name as well as of Residence among the applicants of the trademark.

2. Type of trade activity attempted.

3. Description of the goods, products or services.

4. Details concerning trademark including a sample 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 the applicant evidencing the receipt in the application. The said receipt shall consist of the following details:

I. Serial number of the application.

II. Name and host to residence of the applicant.

III. Date and hour of depositing the job.

IV. Class of products, goods or services concerning the application.

V. Statement of documents annexed towards application.

After accepting the application, the Trade Control department (hereinafter referred to as 'the department') shall check it and conform that it does not fall under any for the non-registrable marks or doesn't infringe a few existing trademark. After the review the department may get any more complex information or clarifications which can be necessary, their friends also want the applicant noticable any amendment in the said brand.

In case the application for the registration is rejected your department, the department must notify the same to the candidate with the reasons for the rejection in writing and inform the applicant about his right to file a grievance about a similar with the Trademarks Committee (hereinafter called as 'the committee').

On submitting of the grievance within the applicant while using committee, to start dating is notified to you for the hearing the grievance of your applicant. Can be should be notified into the applicant no less than before a time of 10 days from the date of hearing the petition. If the applicant isn't satisfied by the decision within the committee after such hearing, the applicant has the ability to file an appeal however competent civil court during a period of 60 days from the date belonging to the decision within the committee.