PART 2 PART 2 Trade Names
2. General prohibition(1) Subject to Rule 2(2), no person may conduct business in Abu Dhabi Global Market under a Trade Name that is not an Approved Trade Name in respect of which that person is the Trade Name Holder.(2) The Registrar may specify on its website certain persons who are exempt from the prohibition in Rule 2(1).(3) A person who breaches Rule 2(1) commits a contravention of these Rules and is liable to a level 5 fine on the standard scale.
3. Application for a trade name
Any person:(a) applying for a licence under the Commercial Licensing Regulations, or(b) who is licensed under the Commercial Licensing Regulations,
who intends to conduct business in Abu Dhabi Global Market under a Trade Name must make a Trade Name application (a "Trade Name Application") specifying the proposed Trade Name of the applicant (a "Proposed Trade Name") to the Registrar.
4. Application process and fees(1) Trade Name Applications must be made in the form specified by the Registrar from time to time on its website.(2) The Registrar may require supporting documentation to be provided in connection with a Trade Name Application evidencing the applicant's right to use a Proposed Trade Name and such other matters as the Registrar may reasonably require.
5. Restriction on number of Approved Trade Names(1) A person may make an application pursuant to Rule 4 in respect of more than one Proposed Trade Name.(2) A Trade Name Holder may make an application pursuant to Rule 4 in respect of one or more additional Proposed Trade Names.(3) Any application for more than one Trade Name shall set out in writing the reasons why the Trade Name Holder requires more than one Trade Name.(4) The Registrar may, in its absolute discretion, refuse any application for more than one Approved Trade Name.
6. Determination by the Registrar(1) On receiving a Trade Name Application the Registrar may either approve it or reject it.(2) If the Trade Name Application is approved by the Registrar, the Registrar shall issue a notice to the applicant setting out —(a) the legal name and address of the person entitled to use the trade name (the "Trade Name Holder"), and(b) the approved trade name ("Approved Trade Name").(3) The Registrar may reject a Trade Name Application in its sole discretion. If a Trade Name Application is rejected by the Registrar, the Registrar shall provide notice to the applicant of the rejection.(4) The Registrar is not required to provide reasons for its rejection of a Trade Name Application.
7. Registrar's list of Approved Trade Names
The Registrar shall maintain a list of Approved Trade Names and their respective Trade Name Holders on its existing public register.
8. Names not to be the same as another in the Registrar's list of Approved Trade Names
9. Change of Approved Trade Name(1) An application to change an Approved Trade Name may be submitted to the Registrar by that Approved Trade Name's Trade Name Holder.(2) Applications under Rule 9(1) must be made in the form specified by the Registrar from time to time on its website.(3) Subject to Rule 9(2), an application to change an Approved Trade Name shall be subject to the provisions of these Rules that apply to Trade Name Applications.
10. Registrar's power to direct change of Approved Trade Name(1) The Registrar may direct a Trade Name Holder to change an Approved Trade Name if the Approved Trade Name is the same as, or, in the opinion of the Registrar, too like:(a) the name of the Federal Government of the United Arab Emirates or the Government of any Emirate within the United Arab Emirates,(b) the name of a municipality within the United Arab Emirates,(c) the name of any other person registered with any governmental authority of the United Arab Emirates or of any Emirate within the United Arab Emirates,(d) a name appearing at the time of the registration in the Registrar's list of company names or the Registrar's list of Approved Trade Names, or(e) a name that should have appeared in the Registrar's list of company names or the registrar's list of Approved Trade Names at that time.(2) Any direction given pursuant to Rule 10(1) must:(a) be in writing,(b) be given within twelve months of the Registrar's approval of the Approved Trade Name in question, and(c) specify the date by which the Trade Name Holder must change the Approved Trade Name.
11. Dissolution of Trade Name Holder
If a Trade Name Holder is dissolved, liquidated or otherwise ceases to exist, the Approved Trade Name held by that Trade Name Holder shall immediately cease to be an Approved Trade Name.
12. Dormant Trade Names(1) If it appears to the Registrar that an Approved Trade Name has not been in use for 180 days, then —(a) the Registrar may serve written notice on the relevant Trade Name Holder requesting evidence that the Approved Trade Name is in use (a "Dormant Trade Name Notice"), and(b) if the Trade Name Holder does not supply within 90 days of receipt of a Dormant Trade Name Notice evidence satisfactory to the Registrar that the Approved Trade Name was in use during the previous 270 days, the Registrar may revoke its approval of the relevant Approved Trade Name.