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الإمارات العربية المتحدة
Can a black-and-white trademark registration provide protection for all color variations of a logo?
Q: We are currently reviewing trademark registration strategies for the United Arab Emirates (UAE) and seeking expert confirmation on a specific matter. It is generally understood that registering a trademark in black and white in the UAE provides protection across all color variations of the logo. This approach aligns with international norms. While the UAE’s Federal Decree-Law No. 36 of 2021 on Trademarks does not explicitly state that black-and-white registrations cover all colors, this practice is widely accepted and typically adhered to by the UAE Ministry of Economy’s Intellectual Property department. Could you please confirm if a black-and-white trademark registration in the UAE indeed provides protection for all color variations of a logo, specifically regarding the broad protection scope covering the mark’s shape, design, and layout? أسئلة وأجوبة
الإمارات العربية المتحدة
Can Dubai Courts take steps to ensure that I see my child as per the joint custody order?
Q: I have shared joint custody orders issued in France for my child, which are recognized and enforced by Dubai Courts. Unfortunately, I haven`t been able to see my 3-year-old child for several months due to the mother’s non-compliance with the handover arrangement, despite fines being imposed for these violations. The police are assisting in supervising the handover process; however, because it takes place in the presence of the mother, it has become challenging. At only 3 years old, the child is too young to form an independent opinion about these arrangements and is currently under the mother’s influence. This raises concerns about ensuring the custody orders are effectively implemented. To my understanding, the police are limited to a supervisory role and may not have the authority to enforce the physical handover. Can Dubai Courts take steps to ensure the handover is carried out as ordered? If so, how would this process be enforced to uphold the custody arrangement? أسئلة وأجوبة
الإمارات العربية المتحدة
I gave a brand expensive watch to agent for service and they changed delivery and fees. What can I do?
Q: Dear. I gave a brand and expensive watch to an agent for service. Only `normal service` at the beginning of 2024. They gave me an estimate and completion time and on this basis, I agreed. Later, they changed the price for service and time for completion many times without my agreement, I told them this was not acceptable because I already agreed and given my watch. Until now, my watch is not done and they have not replied to me with an update or anything. I have already reported this to consumer protection in Dubai. They already spoke to them but no use and told me I could try legal action if I wanted. I am confused and cannot believe a famous shop can do this with a business license and take valuables like this. Kindly give me an idea of what I can do. I have all communications in email and sms. Thank you. أسئلة وأجوبة
الإمارات العربية المتحدة
In case of resignation, does the notice period include the annual leave?
Q: An employee has 2.5 weeks of annual leave booked next month. She has now resigned. Does the notice period include the annual leave? If the annual leave was approved before the resignation, is she still legally allowed to take that leave? أسئلة وأجوبة
الإمارات العربية المتحدة
Can I use someone else's account to issue a manager's cheque for a property purchase?
Q: Dear Experts, I am currently in the process of buying a property in Dubai. To arrange payment, I need to pay the seller via a manager`s cheque. I am not a UAE resident and am currently in Saudi Arabia. Can I transfer the money to my friend`s bank account in Abu Dhabi and use his account to produce the manager`s cheque in the seller`s name? Can I then present that cheque while completing the transfer by physically attending myself? أسئلة وأجوبة
الإمارات العربية المتحدة
How can I find Sharjah labor case details online?
Q: Dear Lawyers, How can I find Sharjah labor case details online? Please suggest a website and steps to view the details online in Sharjah. أسئلة وأجوبة
الإمارات العربية المتحدة
How can an investor exit the UAE with unpaid Free Zone fines and limited funds?
Q: Dear Lawyers, I am an investor and have a fine exceeding 10k. I applied for an exit permit under the current amnesty, but it was not approved. I was advised to cancel the facility card. To do so, I need to cancel the license and pay the immigration card fine, which has been expired since September 2023. My company is a Free Zone company in Shams with three visas under the license. I am willing to return home with an exit permit. However, I don’t have enough money—only a small amount that is not sufficient to cover all the fines and visa cancellation fees. Free Zone costs are much higher than those in the mainland. Please advise on the best option I should follow to exit. أسئلة وأجوبة
الإمارات العربية المتحدة
What are the procedures for an Indian Muslim man and woman to marry in the UAE?
Q: Hello, What are the procedures for an Indian Muslim man and woman to marry in the UAE, considering both are entering their second marriage? The man is a resident living in Abu Dhabi, while the woman is a resident of Fujairah but resides in Sharjah. How can they get married outside the court if the venue is potentially in Dubai or Sharjah? أسئلة وأجوبة
الإمارات العربية المتحدة
Can I withhold a security deposit until the tenant confirms lease cancellation via email?
Q: Dear Lawyers, I have served an eviction notice to my tenant, and he vacated the property 2 months before the eviction`s maturity date, as the lease had expired. I now wish to return his security deposit following his eviction, with the request that the tenant confirms that the lease agreement is canceled. However, he is unwilling to confirm this via e-mail. Can I withhold the security deposit until he confirms via e-mail that he has officially vacated the apartment and that the lease is canceled with no future obligations between the landlord and tenant? Can I ask him to return? أسئلة وأجوبة
الإمارات العربية المتحدة
How do I remove my late father's name from his UAE trade licenses?
Q: Dear Lawyers, My father passed away in India and was a resident of the UAE, holding a Dubai visa at the time of his death. He held two LLC trade licenses under his name, with 4 partners. All partners are the wife and sons. What is the procedure to remove my father’s name from the trade license? I have the death certificate attested by the Indian Embassy in the UAE. Please advise! أسئلة وأجوبة
الإمارات العربية المتحدة
What legal steps can a majority partner take if a minority partner embezzles funds?
Q: Dear Lawyers, One of the minority partners (20% share) in an FZC company has embezzled company funds and is currently outside the country. What legal actions can the majority partner (80% share) take to recover the funds? Would a cheque signed by the minority partner help expedite the process? أسئلة وأجوبة
الإمارات العربية المتحدة
Am I obligated to settle compensation for the rent difference after evicting a tenant at their request?
Q: Dear Lawyers, I served an eviction notice to the tenant at his own request for repossession of my property. Unfortunately, due to my medical condition, I had to rent my property to a new tenant. My former tenant is claiming compensation, which I am ready to settle, but I feel his claim is unfair. He is claiming the difference between the old rental amount he was paying and the new rental amount contracted by me with the new tenant for my property, in addition to the moving expenses. I believe it is only fair to pay the difference between the old rental amount and the new rental amount the former tenant is paying for the new property he has leased with his new landlord, plus the expenses he incurred for moving into his new property. Please advise which of the above amounts I need to settle! أسئلة وأجوبة
الإمارات العربية المتحدة
How can I maintain a travel ban on an LLC manager in a labor case despite claims of independence?
Q: Dear Lawyers, A labor case has been in the execution phase for the past eight months. I have pursued various enforcement actions, including blocking bank accounts, placing inquiries and holds on properties, and blocking the traffic file. I’ve also requested inquiries and holds on trade licenses. However, the defendant did not respond. Eventually, I requested a travel ban on the manager, which the court approved. This prompted the defendant to argue that, as an LLC, the court cannot impose a travel ban on the manager, citing independence issues and similar arguments. Now, the court has asked me to respond. Could you advise me on how to argue to keep the travel ban in effect? The manager’s personal accountability as a representative of the LLC and the prolonged non-response from the company. Evidence showing that the defendant’s non-responsiveness justifies such measures to ensure enforcement. Legal precedents or arguments demonstrating that the travel ban is a legitimate enforcement action under similar circumstances. أسئلة وأجوبة
الإمارات العربية المتحدة
Is my UAE marriage certificate valid without being attested?
Q: Dear Lawyers, I got married here in the UAE last year, but my marriage certificate is not attested. Is it still valid? أسئلة وأجوبة
الإمارات العربية المتحدة
The landlord insists on increasing the rent more than RERA Index. What can I do?
Q: Hi everyone, I’m facing an issue with my rental situation and would appreciate any advice. I purchased a company in July that’s renting a shop space, and the tenancy contract (under the company’s name) is ending on November 22. The landlord is insisting on a 40% rent increase, even though the RERA Index clearly indicates a 0% increase for this area. I’ve informed the landlord that this increase isn’t in line with RERA regulations, requested a new contract, and asked him to come by to collect the cheques—but he’s been unresponsive. To protect our position, I filed an offer and deposit with the rental dispute center, but it was automatically closed because the landlord didn’t respond. My question is: what should I do next? Filing a case for renewal will cost 5% of the rent, which is a significant amount right now. Are there any alternatives to proceed without incurring that cost, or any other steps to ensure the landlord adheres to the regulated rental terms? أسئلة وأجوبة
الإمارات العربية المتحدة