Categories
Company Formation

Grounds for Refusal of A Trademark Application In The UAE

Carryout Trademark Search

Setting up your business in the UAE is a strategic decision that requires your full attention. Study of the UAE business environment and competitors is crucial to stand out. It is a well-known fact that the UAE is the business hub of the world and, the possibility of finding a business similar to yours is very high. But, if you make the right choice in choosing the trademark for your company then, your company/business gets recognition, giving you the brand value. 

What is Trademark?

The Federal Law No. 37 of 1992 governs the matter related to Trademark in the UAE, and as per article 2 of the law, the trademark is defined as “anything having a distinctive form such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, advertisements, packs or any other mark or group of marks

Before registering a trademark in the UAE, you should do the prerequisite work of selecting a trademark as per the UAE guidelines and laws, thereafter, consult the best trademark lawyer in UAE, since not all the trademark ideas you come up with can be registered in UAE or any other jurisdiction. 

Trademarks that can be registered in the UAE

  • Sound can also be a part of a trademark if it accompanies it. 

  • Any form of names, words, signatures, letters, figures, graphics, logos, titles, hallmarks, seals, pictures, patterns, announcements, packs, or any other marks or group of the mark.

Trademarks that cannot be registered in the UAE

The following trademarks cannot be registered in the UAE:

  • Any mark breaching the public morals or violating the public order. 

  • The mark having no property or distinctive character or that is made of data being only the name given by tradition to familiar goods, products, services or the ordinary drawings and pictures of goods and products. 

  • Public emblems, flags, and other logos, of the State, the Arab or international organizations or an institution thereof or any foreign country except by its authorization as well as any imitation of such emblems, flags or logos. 

  • Logos of the Red Crescent or Red Cross and such other similar symbols and the marks being an imitation thereof. 

  • Marks that is similar or identical to symbols that have a purely religious character.

  • Geographical names, if their use will create confusion to consumers about their origin or source.

  • The name, title, picture, or logo of a third party unless their heirs approve its use beforehand. 

  • Marks that may mislead the public or include misstatements on the origin or source of products or services or their other properties as well the marks that include a fictitious, imitated, or forged trade name. 

  • Marks owned by natural persons or legal entities with whom it is prohibited to deal. 

  • Mark, whose registration for some categories of products or services may result in undervaluing other products or services distinguished by such mark. 

  • Marks including following words or expressions: Concession, Concessionaire, Registered, Registered Drawing, Copyright, and Imitation is Considered Forgery or such similar words and expressions. 

  • National and foreign medals, coins, and banknotes. 

  • The marks which are only a mere translation of a renowned mark (well-known marks) or another registered mark if the registration would confuse the consumers.

  • Trademarks having international goodwill beyond the boundaries of the mother country may not be registered unless authorized by the owner.

Trademark Refusal

The Ministry of Economy is the authoritative body to decide the faith of your trademark application. The concerned authority may refuse your application if found to be comprised of obstructive elements mentioned above. Because of this, a thorough Trademark Search via the best trademark lawyer in UAE is a must for a successful trademark application.

What to expect from us?

Many business enthusiasts are least careful while applying for the registration. As a result, their application gets rejected. Nevertheless, if the owner of the trademark does Trademark Search intensively through experts, the chance of refusal of an application is narrowed down. We have the best trademark experts in the UAE. The trademark experts at Legal Maxims Consultants will help you find out whether the proposed trademark is already in use or not and the probability of it being registered. We search for Identical or Similar marks across local and international databases and give you an accurate report.

In addition, we:

  • Finalize your brand name

  • Carry out effective Trademark Search

  • Ensure your application contains all of the correct information beforehand.

We provide local and international Trademark Search services at competitive prices.

Contact Us

If you are planning to boost your business, we suggest you register your trademark by carrying out a timely Trademark Search. At Legal Maxims, we help business owners from all over the world to register their trademark in the jurisdiction of their choice. 

Contact our best trademark experts in the UAE.

A happy client is our Priority. 

Categories
Company Formation

Full Ownership Business In UAE

UAE Introduced 100% OWNERSHIP BUSINESS TO FOREIGNERS.

Foreigners can establish business with 100% shareholding in mainland without Emirati Partnership/ Sponsorship.

As per the new significant amendments in the UAE Commercial Companies Law (Federal Law No. 2 of 2015),foreigners can establish 100% owned companies in UAE mainland on specified business activities without the involvement of the Emiratis.

The new amendment in Foreign Direct Investment Law, which was enacted in 2018 will have wide-spread impact on the investment environment of the nation. The long-awaited and widely discussed move will get big boost in the UAE economy and it shows the courageous and competitiveness of the nation.

Currently, foreign shareholding is limited up to a maximum of 49% in ‘limited liability company’ (LLC) in mainland. The major shares of 51% are held by the UAE nationals/ local sponsor.

So, several specified categories of business licenses will no more require Emiratis as sponsors with 51 per cent shareholding effectively from 1stDecember 2020.

The highlights of the new amendments are:-

  1. 122 business activities (‘Positive List’) where foreign investors can hold full ownership.

  2. These Business activities run across 3 sectors;

    • Agricultural

    • Manufacturing

    • Services sectors; education, healthcare, food and hospitality etc.

  3. The amend shall be applicable to the following legal forms:

    • A limited liability companies, including one-person (single owner) companies. 

    • Private joint stock companies, including one-person (single owner) companies.

  4. Minimum Share Capital. The minimum share capital in each sector are specified from 2 Million onwards.

  5. Minimum percentage of Nationals. The minimum percentage of nationals employed in the FDI Project shall be in accordance with regulations of the Ministry of Human Resources & Emiratization.

  6. Involvement of the UAE nationals in other cases will be regulated by the concerned authorities.

The new changes to the FDI policy are expected to benefit the foreign investors as well as the nation in the following ways:

  1. Increase the flow of foreign investments.

  2. Expand wide range of business opportunities.

  3. Investment Friendly policy to attract more agricultural and industrial spectrum.

  4. Boost the UAE economy.

  5. The amendment is in force with effect from 1st December 2020.

It is reported that the existing companies will have a maximum of one year to comply with the amended law from the time it is enforced.

For more details, contact:

Mohammed Sharafudheen
Mob/Wapp: +971505093949
www.legalmaxims.com

List of Activities for 100% Business Ownership in UAE

List of Economic Sectors, Activities and Capital as per new amendments in FDI

 

AGRICULTURAL SECTORS

#

ISIC4

Economic Activities

Minimum Capital
Million/Dhs

FDI Requirements and Conditions

 

1

01111

Seeds Cultivation (Wheat, Corn, Barley, etc.)

7.5

– Use modern technology

– Bring high added-value

– Contribute in research & development

– Meet the requirements of licensing entities in the State

 

2

01112

Growing of leguminous crops

7.5

 

3

0113

Growing of vegetables and melons, roots and tubers

7.5

 

4

0114

Growing of sugar cane

7.5

 

5

0116

Growing of other non-perennial crops

7.5

 

6

0119001

Flowers and buds Cultivation

7.5

 

7

0121

Growing of grapes

7.5

 

8

0123001

Fruits and Citrus Cultivation

7.5

 

9

0124

Growing of pome fruits and stone fruits

7.5

 

10

0125

Growing of other tree and bush fruits and nuts

7.5

 

11

0126

Growing of oleaginous fruits

7.5

 

12

0127

Growing of beverage crops

7.5

 

13

01289

Growing of aromatic, drug and pharmaceutical
crops

7.5

 

14

0161

Support activities for crop production

10

 

15

0162

Support activities for animal production

7.5

 

16

0163

Post-harvest crop activities

7.5

 

17

0164

Seed processing for propagation

7.5

 

18

0210

Silviculture and other forestry activities

7.5

 

19

0240

Support services to forestry

7.5

 
 

MANUFACTURING SECTORS

20

10

Manufacture of food products (except):
1071 Manufacture of bakery products
105 Manufacture of dairy products
108 Manufacture of prepared animal feeds

15

Use modern technology
– Bring high added-value
– Contribute in research & development
– Meet the requirements of licensing entities in the State.

 

21

11

Manufacture of beverages (except) :
1101 Distilling, rectifying and blending of Spirits
1102 Manufacture of wines
1103 Manufacture of malt liquors

15

  

22

14

Manufacture of wearing apparel (except:)
14109 Tailoring and Sewing of Wearing Apparel
1410122 Military Garments Manufacturing

15

 

23

15

Manufacture of leather and related Products

15

 

24

16

Manufacture of wood and of
products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials

15

 

25

2012002

Straight or Complex Fertilizers Manufacturing

15

 

26

2013

Manufacture of plastics and synthetic rubber in primary forms

15

 

27

2021

Manufacture of pesticides and other agrochemical products

15

 

28

2022

Manufacture of paints, varnishes and similar coatings, printing ink and mastics

15

 

29

2023

Manufacture of soap and detergents, cleaning and polishing preparations,
perfumes and toilet preparations

15

 

30

2029006

Glues and Prepared Adhesives
Manufacturing

15

 

31

2029008

Manufacture of dyestuffs and pigments

15

 

32

2029009

Textiles and Leather Finishing Used Chemical Materials Manufacturing

15

 

33

2029013

Manufacture of photographic plates, films

15

 

37

2029023

Aromatic Distilled Waters Manufacturing

15

 

38

2029024

Matches Manufacturing

15

 

39

2029025

Welding Powders and Pastes
Manufacturing

15

 

40

2030

Manufacture of man-made fibers

15

 

41

2100

Manufacture of pharmaceuticals,
medicinal chemical and botanical
products

15

 

42

22

Manufacture of rubber and plastics products

15

 

43

23

Manufacture of other non-metallic mineral products

15

 

44

24

Manufacture of basic metals (except:)
242 Manufacture of basic precious and other non-ferrous metals
243 Casting of non-ferrous metals

20

 

45

25

Manufacture of fabricated metal products, except machinery and
equipment except :
2529 Manufacture of weapons and ammunition

15

 

48

28

Manufacture of machinery and equipment n.e.c. except:
28259 Tobacco Processing Machinery Manufacturing

100

 

49

29

Manufacture of motor vehicles, trailers and semi-trailers

100

 

50

3011101

Building of Commercial Vessels

100

 

51

3011103

Ships and Floating Structures Sections Manufacturing

100

 

52

3011905

Construction of Drilling Platforms, Floating or Submersible

100

 

53

3011906

Construction of Floating Structures

100

 

54

3011907

Building of Hovercraft

100

 

55

3012

Building of pleasure and sporting boats

15

 

56

3020

Manufacture of railway locomotives and rolling stock

20

 

57

3030

Manufacture of air and spacecraft and related machinery except:
3030006 Military Ballistic and Guided Missiles Manufacturing

100

 

58

3090

Manufacture of transport equipment n.e.c.

20

 

59

31

Manufacture of furniture

15

 

60

3220

Manufacture of musical instruments

2

 

61

3230

Manufacture of sports goods

3

 

62

3240

Manufacture of games and toys

3

 

63

3250

Manufacture of medical and dental instruments and supplies

20

 

64

3290

Other manufacturing n.e.c.

3

 

65

3312001

Repair and maintenance of trains engines

15

 

66

3312002

Repair and maintenance of ship engines

15

 

67

3315001

Repair and maintenance of ships

15

 

68

3315004

Repair and maintenance of trains and railway equipment

15

 

69

3315005

Maintenance and Repair of Aircraft engines

15

 

70

3315006

Maintenance and Repair of Aircrafts

15

 

SERVICE SECTORS

71

6910002

Legal consultancy offices

In accordance with the legislation in force

– Not to plead before UAE courts.

72

692

Accounting, bookkeeping and auditing activities; tax consultancy

In accordance with the legislation in force

Only business tax planning, consultancy and preparation and review of business tax activities

73

711

Architectural and engineering activities and related technical consultancy

In accordance with the legislation in force

To be a natural or legal person excelling in this field

74

862

Medical and dental practice activities

75

75

Veterinary activities

76

620

Computer programming, consultancy and related activities

In accordance with the legislation in force

To provide a work team comprising no less than 5 members specialized in computer programming by the end of the first year of the company

77

72

Scientific research and development

In accordance with the legislation in force

In accordance with the legislation in force

78

77300-

Renting and leasing of
other machinery, equipment and tangible goods

79

471

Retail l sale in non-specialized stores (except cooperative societies 4711001)

100

80

731

Advertising

In accordance with the legislation in force

81

732

Market research and opinion polling

82

702

Management consultancy activities

83

712

Technical testing and analysis

84

331

Repair of fabricated metal products, machinery and equipment (except ships, aircrafts and bother transport equipment)

85

8121-81210

General cleaning of buildings

86

742

Photography activities

87

8292-82920

Packaging activities

88

823

Organization of conventions and trade shows

89

741

Specialized design activities

90

7490005

Legal Translation Services

91

7490006

Translation services, movies and television programs

92

7490012

Publications Translation Services

93

8299002

Simultaneous translation services

94

41

Construction of buildings

In accordance with the legislation in force

Permitted only for large-scale infrastructure projects like airports, roads, sports facilities and projects worth more than Dhs. 450 Million are permitted

95

42

Civil engineering

96

432

Electrical, plumbing and other construction installation activities

97

433

Building completion and finishing

98

431

Demolition and site preparation

99

439

Other specialized construction activities

100

7730009

Construction and Building or Demolition Machines and Equipment Renting

101

851

Pre-primary and primary education

In accordance with the legislation in force

1. Public education is excluded.
2. To obtain the approval of concerned entities for licensing these activities and observe the specified restrictions & standards
3. To observe the conditions and standards of educational institutions and ensure a high level of education

102

852

Secondary education

102

103

853

Higher education

103

104

854

Other education

104

105

370

Sewerage

In accordance with the legislation in force

106

382

Waste treatment and disposal

107

3900001

Pollution Treatment and Environment Protection

108

861

Hospital activities

100

1. This activity is subject to approval of competent entities depending on the economic need taking into account the number of hospitals and medical and health centers in a specific area.
2. UAE Healthcare City is excluded from the restriction above.

109

869

Other human health activities

70

In accordance with the legislation in force

110

8211001

Hotel Management

In accordance with the legislation in force

111

8211004

Restaurant management

112

90009

Creative activities and presentation of arts drama (theater)

Permitted only for theater and live performance activities

113

9000104

Music Band

As per the
legislation in force

114

9000110

Circus

115

8130002

Landscape and gardening services

116

9103-91030

Botanical and zoological gardens and nature reserves activities

Only public gardens services and specialized gardens services

117

5012-50120

Sea and coastal freight water transport

In accordance with the legislation in force

118

5022001

Internal Water Transportation of Goods

119

7730016

Commercial Ships Rental

120

5222002

Ship Piloting and Towing

121

5222007

Marine towing of boats and jet sky

122

New

Activities of holding companies in intellectual property

Categories
Company Formation

Benefits Of Setting Up A Mainland Company

Mainland

UAE has become a fast growing city over the last decade and starting a company in UAE is easier now more than ever. The Department of Economic development has a goal to make the process of setting up businesses smooth and time effective and we can say that has been achieved. There are two types of jurisdictions in UAE, the mainland and Free Zones. Each jurisdiction has its own set of advantages and disadvantages.

Although it’s factual that free zones look more attractive with cost effective propositions however, with an in-depth study of the market, it would be seen that free zones are not the only option for overseas entrepreneurs looking to start a business in the UAE. For example, if one intends to trade directly in the mainland or acquire government contracts, then setting up a business in the mainland other than the free zone is more advisable.

To make a final decision on the type of business set up depends on a number of factors including the type of business activities and target customer. With all this in mind, are there various benefits of setting up a mainland company in the UAE or not?

Trade with other mainland companies

One of the most important reasons to set up a UAE mainland company is the ability to trade with other mainland companies. Whereas with free zone companies there is a strict restriction of trading only within the same jurisdiction and in the event that they want to trade with any mainland company they have to go through a local registered distributor and pay customs duty. Mainland companies however have access within UAE and beyond without any restrictions.

Wider Scope of Business

UAE free zones have a restriction when it comes to scope of businesses they cater to. For example, companies in UAE Knowledge Village should only work in education or similar businesses. They do not allow any trading activities. The same goes for UAE Healthcare City where healthcare related businesses are only allowed. Similarly for Maritime businesses, RAK maritime city is the best bet. Also it should be noted that expansion of a free zone company’s activities beyond their free zone licensed trading activity into other areas of the UAE market is limited.

Work along with government bodies:

Government projects in UAE are a huge business propositions. These projects are high on investment as well as return. These projects need specialized companies to be their contractors. It’s clear that being able to take up on such projects can be extremely profitable, and the only way to get such opportunity is having a mainland business license. As it stands, free zone companies are not allowed to pitch for such opportunities, they can only work with private commercial companies. Any business that intends to get contracts with UAE governmental bodies therefore must incorporate a mainland company.

Market Presence

One of the biggest and most important advantage of setting up a UAE mainland company is allowing an open office anywhere in the UAE. Companies set up in free zones are generally not permitted to operate outside of the free zone they are registered in. Furthermore, these companies need a distributor to carry out their services on the mainland, with the ripple effect of profit reduction. Therefore, for businesses in search of a strong presence and long lasting future in the market, a mainland setup is a more suitable option.

Financially viable

Free zones are known for low taxes and duty taxes but the mainland companies match this with impressive incentives as well. In addition, no minimum capital requirement is required in mainland company formation- thus making them an affordable way of doing business.
If you require the best hands for a UAE mainland Company Formation, contact us.