UAE trademark law
Here the trademark law is comprised of the trademark definition with registration process and also the articles in UAE trademark law
Trademark registration Process
In UAE the Ministry of Economy involves the registration of trademark. While applying for trademark he or she doing his/her business need to distinguish goods, products or services in accordance with the provision of this law.
When you do trademark for your goods/services then it is valid for all the seven emirates. At the initial step for trademark you are required to fill and submit the application to the ministry in the queue with the terms and conditions in law and its executive regulations. The ministry then its decision on the application with a duration of minimum 30 days from the date of submission by meeting all the rules and regulations.
On the second phase that if the ministry approved for trademark analyzing the trademark search and it is allowed to be announced in its bulletin and two Arabic newspapers before the registration process with the applicant expense itself.
This announcement may results for any objection from anyone by filing by submitting in the ministry as a written document or as an E-mail within 30 days from the date of announcement. The ministry will notify the applicant with the copy of objection within 15 days from the receipt of objection.
When the trademark once got registered then the owner of the trademark is provided with trademark register number, application registered date, trade name/ owner name, Nationality details, A copy of trademark, trademark goods/services description and also with the date for international priority right.
Some of the main articles of the trademark law include:
ARTICLES:
Article 19
It reveals the renewable period of the trademark registration after 10 years of protection time by simply submitting an application at the last year of the protection period based on this trademark law its executive regulations.
Article 20
The Ministry have the right to remove a registered trade mark if suppose there are any parties who are affected and explained about the reasons for the defense. These affected parties are allowed to apply an appeal for the removal decision with its transparency at the relevant civil court within the 30 days of time from the date of notification about the removal.
Articles 37 and 38
Articles (37) and (38) comprised about the details for the cases of penalties when violating the trademark law.
The following acts will give an imprisonment and/or a fine of at least AED 5,000:
- When there are cases of misleading the public goods/services who already registered with the trademark by law through imitating or forging activities or even use forged or imitated trademark.
- Without obtaining any permission from the third party for using their registered trademark with a bad intention on the products.
- Deliberate display, marketing, promotion or possession of products with forged, imitated or illegally placed trademark.
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