News Archive (12)Jul 11, 2024 (Newsletter Issue 6/24)
Major Fee Reductions for Businesses
A reduction of commercial, industrial, business development and consumer protection service fees in Qatar was officially implemented by the Ministry of Commerce and Industry (MoCI), effective July 11th, 2024.
Applicants can now enjoy substantial fee reductions of up to 90% on a wide range of MoCI services. This encompasses crucial areas such as commercial registrations, patents, and design protection. This commendable initiative underscores the MoCI's commitment to fostering a more dynamic and supportive business environment for both established companies and aspiring entrepreneurs.
The reduced fees aim to stimulate economic activity, bolster Qatar's competitive edge, and attract further investment within the nation.
Source: www.jahip.com
Jun 26, 2024 (Newsletter Issue 5/24)
New POA Requirements
An official circular issued by the Qatari Intellectual Property Department on June 25, 2024, outlining important updates concerning Powers of Attorney (POA) required for trademark prosecution which we summarize hereunder:
- Ministry of Foreign Affairs (MoFA) certification: Powers of Attorney legalized abroad by the Qatari embassy will now require local attestation by the Qatar Ministry of Foreign Affairs of Qatar.
- Arabic language requirement: For Powers of Attorney not originally drafted in Arabic, a certified Arabic translation must be submitted alongside the original document to facilitate efficient processing of trademark cases by the Intellectual Property Department.
- Notarization and time limits: Powers of Attorney exceeding three years from their issuance date will require a validation stamp by Qatar Ministry of Justice.
Source: www.jahip.com
May 15, 2024 (Newsletter Issue 4/24)
Joins Madrid Protocol for International Trademark Registration
The State of Qatar has submitted its instrument of accession to the Madrid System for International Trademark Registration to the World Intellectual Property Organization (WIPO). The Madrid Protocol will enter into force in Qatar on August 3, 2024.
The Madrid Protocol aims to provide international legal protection for trademarks by allowing the submission of a single request in one country.
This is a significant step for Qatari companies and entrepreneurs who wish to expand the protection of their trademarks and intellectual property globally.
The move is part of Qatar's initiatives to strengthen its intellectual property rights framework, in line with the goals of the Qatar National Vision 2030, to attract foreign investments and build a competitive economy.
Source: www.agip.com
Jul 11, 2023 (Newsletter Issue 6/23)
GCC TM Law in Force
Qatar has officially adopted the Gulf Cooperation Council Trademark Law which was published in the Official Gazette No. 09 dated 09 July 2023. It enters into force on August 10, 2023.
Key changes:
- A significant increase in the official fees, which will also be applied retroactively on pending Trademark cases that are currently maturing to registration.
- Sound marks and smell marks will be registrable.
- The publication period has changed from 4 Months to 60 days.
- The publication and registration fees are to be settled within 30 days from the date of receiving the respective notification of the trademarks office.
- multiclass trademark applications will be allowed based on the approval of the respective registry.
The GCC TM Law replaces the local trademark laws of the GCC member states and creates unified implementing regulations for trademark prosecution and enforcement in each of the GCC member states. However, it does not offer a unitary registration system. The Trademark Offices of each GCC country will remain as the receiving office and will register trademarks on a national basis. Registering a trademark across the six GCC countries will still require filing six separate national trademark applications.
Source: www.agip.com, www.jahcoip.com
Oct 20, 2022 (Newsletter Issue 15/22)Court of Investment and Commerce EstablishedThe State of Qatar established the Court of Investment and Commerce (CIC) by Royal Decree under Law No. 21 of 2021. The CIC was inaugurated on 10 May 2022. The court handles all matters related to the resolution of disputes and the enforcement of intellectual property rights.
Source: JAH & Co. IP, Qatar May 14, 2020 (Newsletter Issue 7/20)New Industrial Designs LawOn April 19, 2020, the State of Qatar released a Law No. 10 of 2020 for the Protection of Industrial Designs. This new law revoked the industrial design law of 2002.
At this stage, the new law still requires the issuance of an implementing decree which will provide the registration formalities and official fees to be applied for industrial designs protection.
Nevertheless, it is recommended to publish cautionary notices in local Qatari newspapers at regular intervals to avoid any future infringements conflicts.
Source: JAH & Co. IP, Qatar and www.dc-ls.com Dec 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.
Adoption of Gulf Cooperation Council (GCC) Trademark Law on 9 July 2023 which is published in the Official Gazette no. 09 dated 09 July 2023 based on the decree No. 7 of 2014 dated 8 June 2014.
Qatar is a member of Paris Convention.
Trademark protection is obtained by registration.
ClassificationNice classification, 11th edition
Exception: Goods in class 33 and alcoholic beverages in class 32 and pork meat in class 29 are not permitted to register. In addition, the Qatar Trademark Law does not grant full protection when using the claim "all goods included in the class" for classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31.
What is Registrable as a TrademarkRegistrable 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.
Registration ProceedingsThe 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 after formal examination of the trademark application which normally takes place within 10-15 days from filing date whereby the trademark office will issue an official notification to submit the required document within 30 days from the date of notification at no cost.
A single class-based protection principle where a registration provides protection throughout the entire class and once a trademark is registered in a particular class, the trademark will hinder any future registration of identical or closely similar marks in that particular class for different goods/services in the same class) though the newly adopted GCC Trademarks Law allows multi-class trademark applications whilst the Qatari TM office still has not implemented it.
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. POAs legalized up to Qatari consulate abroad require local attestation by Qatar Ministry of Foreign Affairs. Additionally, if the POAs are in non-Arabic languages, they must be translated into Arabic by a certified translator.
Simple copies of coloured copies of the legalized POA and certificate incorporation or extract from the commercial register and certified priority document in case of priority claim shall fulfill the documentary formalities of filing of trademarks.
Foreign applicants do not need a domestic registration or a domestic address
The application process includes a formal and substantive examination, an examination of distinctiveness (absolute grounds) and a search for prior trademarks (relative grounds).
The processing time from first filing to registration is approx. 8 to 10 months.
Before registration, the trademark application is published in the Trademark Journal.
Opposition PeriodNational:The opposition period is 60 days from date of the publication; non-extendible. 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.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
Trademark DurationA trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years.
Grace Period for Trademark RenewalPractical 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 3,000 and publication is QAR 500.
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Practical details on trademark licensing are available in our publication
here
Online 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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Oct 10, 2024
JAH Intellectual Property, Doha, Qatar
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