Explore how to register a trademark, Filing a trademark application, Renewal, Withdraw a trademark application, Search for a trademark in one Class at the Trademark Office, Requirements for Filing, Merger, Change of Name.
Trademark registration, utilization, and enforcement in Oman fall under the purview of the Law of Industrial Property Rights, delineated by Royal Decree No. 67/2008, commonly referred to as the “IP Law.” The Ministry of Commerce and Industry (MOCI) oversees the application and enforcement of this law through the Executive Regulations, outlined in Ministerial Decision No. 105/2008.
Despite Oman’s ratification of the GCC Trademark Law under Royal Decree No. 33/2017, its implementation awaits the publication of accompanying regulations. Consequently, the existing IP Law remains in effect until these regulations are enacted. In cases where the GCC Trademark Law lacks clarity, the IP Law retains its applicability, as per the provisions of Royal Decree No. 33/2017. Given this dual legal framework, it’s advisable to consult both sets of laws when navigating trademark matters in Oman.
While the IP Law does not explicitly define trademarks, it aligns with the definition provided in the GCC Trademark Law. Trademarks are broadly understood to encompass distinctive elements such as names, words, symbols, logos, and packaging used to differentiate goods or services. Additionally, the definition extends to include sounds and smells as potential trademarks, as stipulated by the GCC Trademark Law.
Requirements:
1 – Name, address, nationality, nature of business, etc., of the applicant company.
2 – Power of Attorney notarized and legalized up to the Consulate of Oman. (copy attached herewith)
3 – Copy of the Certificate of Incorporation of the applicant company, or an extract of its entry in the commercial register, along with a simple Arabic translation.
4 – Electronic copy of the trademark (if it is not a simple word mark).
5 – List of goods / services, indicating the International Class.
Please note that if your client’s country is member of Apostille Convention, no need for legalization of documents; the Apostille is enough.
Once an application is submitted, Oman’s IP department conducts an examination based on absolute and relative grounds. Following examination, the department issues a decision either allowing the trademark to proceed to publication, rejecting it, or prescribing amendments such as association requests or disclaimers.
In case of rejection or amendment, the applicant has a 60-day window to appeal the decision.
Upon acceptance, the applicant can publish the trademark application in the Official Gazette and a daily newspaper. The opposition period spans 60 days from the publication date, during which concerned parties can object to the registration based on conflicts of interest or similarities with existing trademarks. No extensions are granted for objections.
For trademarks filed under the Madrid system, the opposition period begins upon publication in the Gazette of International Marks and lasts for 60 days. It’s advisable for IR applications to follow local publication procedures to ensure validity in case of opposition.
If a written objection is filed, the applicant has 60 days to respond and persuade the MOCI to reject the objection. A hearing may be requested by either party, with decisions subject to appeal.
Upon MOCI’s approval, the trademark certificate can be obtained after paying the prescribed fees.
For trademarks under the Madrid System, obtaining a local certificate from MOCI following publication formalities is recommended.
Omani trademark registrations are initially valid for 10 years from the date of application and can be renewed for subsequent 10-year periods.
