Qatar (QA)
Dez 05, 2017 (Newsletter Issue 21/17)11th Edition of Nice Classification AdoptedThe Qatar Trademark Office has adopted the 11th Edition of the Nice Classification for filing trademarks.
Source: JAH & Co. IP, Qatar Nov 22, 2017 (Newsletter Issue 20/17)E-Filing System Implemented The Qatar Trademark Office has upgraded its system and undertaken the necessary procedures towards switching trademark filing completely to an online system.
The documentary requirements will be fulfilled online by uploading the required documents upon filing and submitting the originals within a month from the date of filing.
The earlier practice of filing trademarks using paper files in the presence of the original power of attorney has been discontinued. Thus, simple copies of the legalized POA, the certificate incorporation or the extract from the commercial register of the Applicant Company and the priority document (if applicable) suffice to fulfill the documentary formalities of trademark filing.
It is expected that the same system will be adopted for renewals, recordals and all other trademark related actions soon.
Source: JAH & Co. IP, Qatar Nov 22, 2017 (Newsletter Issue 20/17)Application in the Name of an Individual Possible NowAs of November 15, 2017, applications in the name of an individual are possible under the jurisdiction. The applicant only has to present a power of attorney legalized up to the Qatari Consulate abroad in order to meet the application requirements. Formerly, applications were only allowed for corporations.
Source: JAH & Co. IP, Qatar Feb 01, 2017 (Newsletter Issue 3/17)Move from 7th to 10th Edition of Nice ClassificationThe Qatari Trademark Office informed that they will stop following the 7th international classification of goods and services in which services under classes 43, 44 & 45 were classified under class 42. Under this old practice applicants seeking registration for services under Classes 42, 43, 44 and 45 it was possible to file one trademark application under Class 42 and only incur the cost of one class.
The Office will start accepting trademark applications for services that fall under classes 43, 44 and 45 as of February 12, 2017. Existing registrations or application will not be effected.
Source: JAH & Co. IP, Qatar Jun 25, 2012 (Newsletter Issue 10/12)IP Office Is RelocatingThe Industrial Property Office in Qatar has moved to new premises as per the following address particulars:
The Industrial Property Office
Al Jeedah Building
First Floor
Khalifa Street
PO Box 1958
Doha, Qatar
Tel +974 4012 2222
Fax +974 4494 5000
Mail mbt@mbt.com.qa
www.mbt.gov.qa
The flow of work has not been ceased due to this relocation and they are normally functioning.
Source: JAH & Co. IP, Doha, Qatar Feb 07, 2012 (Newsletter Issue 2/12)Customs Recordal Soon ImplementedThe provisions of Article 7 of the new Law on Intellectual Property Rights Border Measures (Law No. 17 of 2011) came into force in January 2011 and trademarks customs recordal will soon be implemented. Article 7 of the new Law stipulates the following:
Article (7): “The right holder may submit an application with the Department requesting registration of all data related to its rights, and its address in the State, in a registry specific for this purpose at the Department, and the Minister will issue a decision on the registration procedures and fees upon a proposal by the Director General of the Department”.
By way of elaboration on the above, the rights holders are now allowed to "record" all relevant information related to their marks. This will definitely mean that, with a recordation system in place, Customs will be allowed to adopt an ex-officio border system, whereby they can immediately target, intercept and confiscate shipments of infringing goods and thus avoiding the delays inherently involved in seeking judicial action. Therefore, products suspected of being counterfeit will be suspended and the rights owner as well as the importer will be immediately notified.
In this perspective it should be noted that the documents and other relevant requirements needed for the recordal and the recordal period have not been specified yet.
Please note that Morocco, Sudan, Tunisia and the UAE (Dubai, Sharjah and Ras Al Khaimah) are offering customs recordal.
Source: JAH & Co. IP , Doha, Qatar
Legal basis is the Trademark Act No. (3) for the year 1978 which was put in force in January 25th, 1981. On June 15th, 2002, a new trademark Law No. (9) for the year 2002 on Trademarks, Trade Names, Geographical Indications and Industrial Models and Designs was passed.
Qatar is a member of Paris Convention.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Exception: class 33 and beers in class 32 and pork meat in class 29.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices and any combination of the mentioned signs.
Theoretically registrable are 3-D marks, colours and holograms as well.
Applications in the name of an individual are allowed since November 15, 2017.
The following trademark types are registrable: Trademarks, service marks, collective marks.
The application is filed at the Trademark Office online only. No other filing system is any longer available.
The required documents can be uploaded and originals need to be submitted within a month from the date of filing.
A separate application has to be filed for each class.
Only tradesmen can apply for Trademarks.
Applications in the name of an individual are possible as of November 15, 2017. Formerly, applications were only allowed for corporations.
Foreign applicants need a local agent.
A power of attorney legalized by a Qatari consulate abroad is necessary.
Simple copies of coloured copies of the legalized POA and certificate incorporation or extract from the commercial register and priority document in case of priority claim shall fulfill the documentary formalities of filing of trademarks.
Foreign applicants do not need a domestic registration.
The application process includes a formal and substantive examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use or if there is a registration in a foreign country following a substantial examination system.
The processing time from first filing to registration is approx. 8 to 12 months.
Before registration, the trademark application is published in the Trademark Journal.
National:
The opposition period is 4 months from date of the publication. Opposition cases should be settled by the Trademarks Registrar which can be appealed before the civil court by any party within sixty days of notification to the concerned by a registered mail against a receipt.
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereThe official fee for filing a trademark application is QAR 1,000 in one class and QAR 1,000 for each additional class. The official fee for registration is QAR 2,025 and publication is QAR 325.
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Practical details on trademark licensing are available in our publication
here.
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