Oct 14, 2024 (Newsletter Issue 10/24)
Submission of Power of Attorneys
The Ministry of Commerce, Industry, and Investment Promotion in Oman issued an official letter on September 24, 2024, addressed to all trademark agents.
In this letter, the head of the intellectual property office reminds the agents of the requirement to submit the original legal power of attorney, when filing applications for opposition cases, appeals cases, recordal of change of name, address, assignment, and license, recordal of change of agent of service, amendment of applicant’s particulars, patents, and industrial designs.
This submission is necessary to ensure the timely processing of these applications and to comply with the provisions of Articles No. 4, 24, and 31 of the Executive Regulations of the Unified GCC Trademark Law, issued by Royal Decree No. (33/2017).
Source: www.jahip.com
May 29, 2023 (Newsletter Issue 6/23)
Fees Reduction for Several IP Services
The Ministry of Commerce, Industry and Investment Promotion has issued Ministerial Resolution No. 292/2023 that cancels the fees of 20 government services provided by the Ministry for companies and individuals.
Amongst the fees waived are:
1) Publication with Ministry of Commerce of accepted Trademark application, renewal, license and assignment recordal applications.
2) Obtaining a copy of the patent after grant.
3) Checking the records of Trademark only one time for finding and obtaining its particulars to establish the latest status.
Source: www.jahcoip.com
Apr 08, 2021 (Newsletter Issue 7/21)
Accession to Geneva Act of Lisbon Agreement on Appellations of Origin and GIs
On March 30, 2021, Oman deposited its instrument of accession to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications ("Geneva Act").
The Geneva Act of the Lisbon Agreement will enter into force, with respect to Oman, on June 30, 2021.
Source: www.wipo.int
Mar 11, 2021 (Newsletter Issue 5/21)Trademark e-Filing IntroducedThe Intellectual Property Directorate at the Ministry of Commerce, Industry and Investment Promotion announced that all intellectual property services will be gradually handled online, starting with the filing of new trademark applications as of March 7, 2021.
The online service is provided via the PTO's own "Invest Easy" portal and is to replace the previous procedure, which required the personal presence of a representative for the filing of new trademark applications in paper form.
The Intellectual Property Directorate also informed that for the use of the online portal for all trademark matters, a fee of 20 % will be charged on the official fees paid, capped at a maximum increase of OMR 20 (approx. USD 52) per application. This online system will gradually cover all other IP actions.
Source: JAH & Co. IP, Qatar Feb 28, 2018 (Newsletter Issue 4/18)11th Edition of Nice Classification AdoptedThe Eleventh Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (Nice Classification) has been officially adopted in the Oman, according to the Trademark Office at the Ministry of Commerce and Industry.
The Trademark Office is now ready to receive trademark applications for goods and services under the same edition of the classification.
Source: JAH & Co. IP, Qatar Sep 05, 2017 (Newsletter Issue 15/17)GCC Trademark Law AdoptedOman has officially adopted the Gulf Cooperation Council Trademark Law (GCC Trademark Law) as of July 31, 2017.
The decision, which was promulgated by Royal Decree no. 33 of 2017, was published in the Official Gazette (Official Gazette No. 1204) on July 30, 2017.
The issuance of the Implementing Regulations by the trademark authorities are expected soon.
Source: JAH & Co. IP, Qatar Jul 12, 2016 (Newsletter Issue 13/16)Trade Name Regulations ChangedPursuant to Ministerial Decision no. 124/2016, the Ministry of Commerce and Industry (MCI) in Oman has now the authority to cancel or ask the applicant to alter the registration of any trade name if it is similar to a registered trademark or any component of the trademark, or if it is similar to another trade name recognised nationally or internationally. Furthermore, complaints against parties with trade names that infringe trademarks may now be filed at the said Ministry.
Source: JAH & Co. IP, Qatar Jan 20, 2016 (Newsletter Issue 1/16)Change of Practice of Opposition ExaminationThe Omani Trademarks Office has started to implement section 36 / article 09/3 of Omani Intellectual Property Law No.67/2008 which stipulates the following:
(9) The prior user of a mark which is not in the Register or which is not subject to a pending application under Subsection (2)(vi), may oppose an application for a registration by another person of a similar or identical mark for similar or identical goods, in accordance with this Section and the Regulations thereto, provided he:
(iii) he files an application for registration of his own mark prior to sending the Registrar the notice of opposition.
In the past, the Omani Trademarks Office was not taking into consideration this Article when examining Opposition cases, however, the Office has now started rejecting any opposition formally being not complied with the above Law.
Source: JAH & Co. IP, Qatar Sep 02, 2015 (Newsletter Issue 13/15)Applications Accepted in the Name of IndividualsThe Omani Trademarks Registrar has verbally declared new directives to allow the registration of trademarks in the name of individuals. Therefore, it is possible to obtain registration of trademarks in the name of individuals on the basis of submission of a Trade License or Commercial Register or Certificate of Incorporation of any company wherein the name of the individual is listed therein as a partner or manager. In addition to the aforesaid document a power of attorney in the name of the individual applicant with an apostille attestation is also needed.
In the past and prior to the above, registration of trademarks in the name of individuals was prohibited for a period of time.
Source: JAH & Co. IP, Qatar Jun 16, 2015 (Newsletter Issue 9/15)Late Filing of Required DocumentsIt is now permitted under the practice of the Omani Trademark Registrar to file trademark applications and obtain a filing number and date as well as the official filing certificate, renewal, recordal of change of name, address, assignment or license agreement without the complete required documents which should be submitted at a later stage after filing within sixty days from the filing date.
In case of submission of the necessary documents after sixty days from filing date a penalty of USD 55 will be due for late filing of the necessary documents.
Source: JAH & Co. IP, Qatar Feb 07, 2012 (Newsletter Issue 2/12)Requirements for Legalization of Documents ChangedThe Omani Ministry of Foreign Affairs has issued a notification declaring the accession of Oman to the Apostille Convention (Hague Convention Abolishing the Requirements of Legalization of Foreign Public Documents) by virtue of Sultanate Decree No. 47/2009. The Convention has been effective in Oman as of January 30, 2012.
As such, Oman will start accepting Apostille legalization of documents related to trademarks, patents, industrial designs and all other IP related matters. There will be no need for further legalization up to the Omani Consulate as long as the applicant’s home country is a member of the Apostille Convention.
Source: JAH & Co. IP , Doha, Qatar May 28, 2010 (Newsletter Issue 11/10)
Official Fees Increased
The Omani Commerce and industry minister issued on 28 of April 2010 a decision regarding a substantial increase of all official fees pertaining to all intellectual property (Patents, trademarks; design, etc .) effective from 15th of June 2010.
Source: www.smas-ip.com
Trademarks Law of the Gulf Cooperation Council for Gulf Arab countries promulgating under the Sultanate Decree no. 33/2017 approved and came its effect on 10 December 2019.
Oman is a member of the Madrid Protocol and Paris Convention for the Protection of Industrial Property.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 12th edition. Single-class filing system.
Class 33 and alcoholic goods in class 32, and pork meat and pork meat-based products in class 29 can be registered. it is mandatory to claim class heading or select items of goods/services from the detailed edition of Nice Classification. Use of the phrase “all goods/services” is not possible.
Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, holograms, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names and titles of establishment. Possible for word marks and devices.
As of 7 March 2021, new trademark applications are filed online on the platform introduced by the Intellectual Property Department – Ministry of Commerce, Industry and Investment Promotion.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
It is now possible to file trademark applications in the name of individuals in Oman provided that the applicant submits a letter in any form; a declaration or an attestation proving that she/he is engaged in business, trade or industrial activities and such document can be obtained from the Chamber of Commerce or from any equivalent official party such as the Ministry of Economy, Commerce or Industry where the applicant resides. Alternatively, the applicant can submit a copy of the mark home application or registration certificate in the home country if available which is preferable or of any other country in its absence.
The Apostille Convention (Hague Convention Abolishing the Requirements of Legalization of Foreign Public Documents) has been effective in Oman as of January 30, 2012. As such, Oman accepts Apostille legalization of documents related to trademarks, patents, industrial designs and all other IP related matters. There is no need for further legalization of the power of attorney up to the Omani Consulate as long as the applicant’s home country is a member of the Apostille Convention. If the applicant’s home country is not a member of the Haque Convention, the power of attorney should be authenticated by an Oman consulate. In addition to the apostilled or legalized power of attorney simple copy of the extract from the commercial register or certificate of incorporation of the applicant company is needed. Both documents can be submitted after filing the trademark application within 60 days from filing date at no cost and with a penalty of USD 55 for late filing after 60 days with no time limit.
Foreign applicants do not need a domestic registration. In lieu of a domestic registration a simple copy of the extract from the commercial register of the applicant is needed, besides a power of attorney with Apostille certification.
The application process includes a formal, absolute examination and strict relative grounds which includes 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 introduced in a stylish manner, or after submission of a copy of the registration certificate of the mark in another country following a substantive examination system.
The processing time from first filing to registration is approx. 10 to 12 months.
Prior to registration, the trademark application is published in the Official Gazette and in a local newspaper.
National:The opposition period is 60 days from the date of the publication in the Official Gazette. Counterstatement by an opposition by applicant should be filed within 60 days from date of being notified of the opposition by TMO. Extension of time is not possible for oppositions or counter-oppositions while it is possible for responding to office actions.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
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 fees for filing a trademark application are OMR 70, for acceptance and publication in the Official Gazette OMR 50 and for registration OMR 50 and OMR 17 for a mandatory publication in a local newspaper.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Jul 30, 2024
JAH Intellectual Property, Doha, Qatar
