Tuesday, December 11, 2012

Trade License Renewal – Ajman Free zone





Ajman Free zone Trade license Renewal.















Monday, December 10, 2012

Protect your Business- Register your Trademark.




What is a trademark?
A trademark is a word, phrase, symbol, design, or a combination thereof, which identifies and distinguishes the source of the goods of one company or party from those of another.
A service mark is same as a trademark, except that it identifies and distinguishes the source of the service rather than the product. Throughout this website, the terms "mark" and "trademark" refer to both trademarks and service marks.
Owning a trademark or service mark grants the owner the exclusive right to identify their goods and/or services with that mark.
Registering a trademark heightens the protection it receives, deters others from using your trademark, and increases the remedies should someone infringe upon the trademark.

A. Greater Protection

1. Registration protects a company's name or logo, which is often a company's most valuable asset; 

2. The trademark owner receives exclusive nationwide ownership of the mark;

3. Registration decreases the likelihood of another party claiming that your trademark infringes upon their trademark;

4. Registration provides official notice to others that a trademark is already taken; consequently, a company that later adopts a confusingly similar trademark can not claim ignorance of the mark;

5. The trademark owner obtains the future right to make the mark "incontestable," which provides conclusive evidence regarding the validity of the mark and of the registrant's exclusive right to use the mark; and

6. A United States Registration can be used as a basis for obtaining registration in foreign countries.

B. Greater Deterrence


1. The trademark owner obtains the right to put a , after the mark, alerting others to your registration and preventing the defense of innocent infringement;
2. The trademark will appear in trademark search reports ordered by others, likely discouraging others from proceeding with the registration of the same or similar mark; and

3. The United States Patent and Trademark Office ("USPTO") will refuse registration to any trademarks it deems confusingly similar to your trademark.

C. Greater Remedies

1. Registration grants the trademark owner the right to recover up to triple damages and attorney's fees from an infringer;
2. The trademark owner receives the presumption of being the valid owner of the mark;

3. A registration increases the likelihood of the successful filing of a dispute resolution policy for an infringing Internet domain name; and

4. The trademark owner has an automatic right to sue in federal court. 
How is trademark protection different from copyright and patent protection?
As earlier discussed, a trademark is any word, symbol, device, logo or slogan that identifies and distinguishes one product or service from another.

A copyright is a bundle of rights granted to authors of creative works such as books, websites, computer software, music, architecture, paintings and many other creative works. A copyright owner has the exclusive right to copy and sell the work and additionally has the right to perform it and make variations on it.

A patent is a right provided by the government that allows inventors to prevent another from making, selling, or using another invention that is similar in nature. Patents may be used to protect inventions, machines, devices, processes and many other things. Registering A Trademark does not practice patent law. 
Is there a worldwide trademark?
No. However, it is possible to file one application for a group of countries such as:

1. The European Union, covering 15 countries in Europe;

2. The Madrid Protocol, covering several dozen countries; and

3. The Andean Pact, covering several South American countries.

Otherwise, one must seek trademark protection on a country-by-country basis. 

Should you require more clarification please feel free to contact me on rupeshpr@gmail.com

Thursday, December 6, 2012

Business setup in Hamriyah Free Zone






Branch of a Local / International company
Basically, whether the branch is of a local company or of an international company, no capital is required to be deposited with the bank. The following documents should be provided.
Local Company
License or Certificate of Commercial Registration from the Economic Department. (Notarized copy)
Certificate of Incorporation/Good-standing (Notarized copy)
Memorandum and Articles of Association of the company. (Notarized copy)
Memorandum and Articles of Association of the company (Notarized copy)
Board Resolution for opening a branch in Hamriyah Free Zone and to appoint the manager for the Free Zone operations (Notarized copy) with his passport copy and Power of Attorney.
Board Resolution for opening a branch in Hamriyah Free Zone and to appoint the manager for the Free Zone operations (Notarized copy) with his passport copy and Power of Attorney.
Bank’s reference letter regarding creditworthiness of the company (Original).
Bank’s reference letter regarding

Important aspects of an FZE 

Ø  An FZE / FZC will be a limited liability entity.
Ø  Not only natural persons but juristic persons like Companies can also incorporate FZE/FZCs in Hamriyah Free Zone.
Ø  FZE / FZC’s like branches of local or foreign companies will have to get a Free Zone License after incorporation/Registration.
Ø  An FZE will be sole shareholder company. An FZC will be multi Shareholder Company with 2 to 5 shareholders.
Ø  No share may be transferred without prior written approval of HFZA.
Ø  The Financial Years shall be from January to December each year, except the commencement of the first year which shall be the date of Incorporation.

Minimum Legal Requirements

Ø  Free Zone Establishments (FZE) / Free Zone Company (FZC) should abide by the FZE / FZC Implementing Rules and Regulations. FZE Implementing Rules and Regulations are equivalent to its Memorandum and Articles of Association where as FZC Implementing Rules and Regulations are equivalent to its Articles of Association.
Ø  FZE/FZE should submit its audited financial statements to Hamriyah Free Zone Authority every year within 3 months from the end of the financial year.
Ø  There should be at least 2 Directors and a Secretary for FZE / FZC's.
Ø  If a foreign national is to be appointed as a Director or Secretary, HFZA may require that such persons hold valid residence and work permit from the relevant authorities.
Ø  At least one of the Directors and the Secretary must be residents.
Ø  The offices of Director and Secretary may be held jointly by a single person.
The type of License that will be issued to an applicant company will be defined by the activity the applicant company is permitted by the Hamriyah Free Zone to undertake as follows:
This license will allow the holder to import raw materials for the purpose of manufacturing, processing and/or assembly of specified products. The finished products may be exported outside the UAE. If the finished products are sold in the UAE market then the License holder will need to do this through a local distributor or a local agent.
This license will allow the holder to import, export, sell, distribute and store items specified on the license. If the finished products are sold in the UAE market then the License holder will need to do this through a local distributor or a local agent.
This license allows the holder to carry out the services which are specified on the license within the Hamriyah Free Zone only.

Should you require more clarification or assistance to start your business in Hamriyah Free zone please feel free to contact me on rupeshpr@hotmail.com or call me on 00971-553660266