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Requesting the cancellation of a trade name by a third party

Estimated Time:

3-5 months for the entire process (starting the submission of the application)

Location:

- Ministry of Industry, Trade and Supply/ The Central Trade & Industrial Registration Directorate/ Business Registration Section
- Court of First Instance

Estimated Fee:

-   50JD for canceling the trade name upon a request by a third party
-   In case there is a proxy, 5JD is charged for the general power of attorney and 2JD for the special power of attorney.
-   27JD is charged in case a lawyer is the representative via a letter of attorney.

Conditions for obtaining service

The applicant should appear in person or send a proxy with a general or special power of attorney, whose original copy of the document or the lawyer’s letter of attorney should be presented to process the cancellation request.

Notes

None

Partner institutions:

None

Procedures

1.   The applicant takes a number from the machine (category C)
2.   The applicant fills the form of cancellation a trade name upon a request by a third party and the business registration clerk double-checks the form and examines the required documents.
3.   Fees are paid to the ministry’s treasurer and the receipt is presented to the business registration clerk.
4.   The trade names Registrar notifies the owner of the trade name in question with the statement of claim filed by the applicant, and notifies the applicant with the owner’s reply to the statement of claim, then notifies the owner with the applicant’s reply to and the evidence that refutes his claims as provided by the applicant.
5.   The trade names Registrar sets a date to look into the case and adds the pieces of evidence provided by both parties to the case file. The Registrar exerts efforts for reconciliation. He issues a decision to close evidence and recites the depositions of parties if they wish.
6.   The Registrar issues the final decision in the lawsuit, either to reject the request or implement the cancellation, within 30 days as of hearing the depositions of both parties. Then the trade registration clerk cancels the trade name and issues a certificate stating that.

Required Documents

-   The official ID card or passport of the applicant
-   In case the concerned person is not present, their representative should present a general or special power of attorney, or a letter of attorney for the lawyer.
-   Two copies of the statement of claim, which should state:
1.   The name of the person requesting cancellation
2.   Name of the owner of the trade name, whose cancellation is requested, and the address
3.   An abstract of the case in chronological order and the legal justifications for the claim
4.   Specific requests of the applicant
5.   It should be coupled with evidence supporting the claim if available.
6.   Documents in foreign language should be legally translated into Arabic.