Month: March 2018

Trademarks in the UAE

Trademark can be described in the form of drawings, signs, shapes or words notwithstanding voices which are used primarily by companies and businessmen for the protection of its products and services.

Each company has a specific designed trademark. Possessing a trademark is highly beneficial to businessmen and companies as it convinces a consumer to make a purchase which in return increases demand for a product or service. A trademark additionally helps customers to have an overview of the products of established companies.

To acquire a trademark, an application has to be duly made to the UAE Ministry of Economy by a local or foreign individual or entity. However in the event the trademark is already in existence and identical to other trademarks, the application shall be rejected. The only exception is if the trademark was removed from records then the other party may request for its use after three years of deletion.

After approval from the Ministry of Economy, the trademark has to be advertised within two newspapers before registration. Individuals have 30 days from the first date of approval being published, to contest. However, the trademark applicant may also challenge any objection raised within the 30 days.

The submitted request if rejected can be challenged within 30 days and if not accepted again, thereafter the trademark applicant can submit an application to the court to object any rejection within 60 days.

Purchasing Property in Abu Dhabi

UAE property laws differ within cities or provinces such as property laws in Abu Dhabi are not the same as in Dubai. This relates to the sale and purchase by expats and it could be said that the conditions in Abu Dhabi for expat purchases have not evolved to the same extent as those for expats in Dubai.

As per Abu Dhabi Law 19 of 2005, UAE nationals are permitted to buy and sell property whereas GCC nationals and expats will also be able to own a property in selected areas such as Investment Zones where they can purchase flats, villas or land, however the main difference will be that GCC nationals can sell or purchase freehold.

The Investment Zones include areas such as Yas Island, Saadiyat Island, Reem Island, Al Reef, Raha Beach and more.

The types of ownership for non-GCC nationals or expats include,

1- Usufruct
Under this ownership they may hold only the rights to their flat or apartment but not the land. The person can benefit from the property owned by the third party, as per Article 4(1) the person can benefit till the lease of up to 99 years.

2- Musataha
This method is more commonly used to purchase villas or land as under this ownership one can make full use of land owned by the third party. As per Article 4(1) the right can be exercised for 50 years further extendable once for up to 50 years.