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Zeina Intellectual Property
Muscat, Oman (OM)
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Oman (OM)

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07-12-2016 (Newsletter Issue 13/16)
Trade Name Regulations Changed
Pursuant 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


01-20-2016 (Newsletter Issue 1/16)
Change of Practice of Opposition Examination
The 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


09-02-2015 (Newsletter Issue 13/15)
Applications Accepted in the Name of Individuals
The 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


06-16-2015 (Newsletter Issue 9/15)
Late Filing of Required Documents
It 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


02-07-2012 (Newsletter Issue 2/12)
Requirements for Legalization of Documents Changed
The 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


05-28-2010 (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

Oman introduced the Industrial Property Rights Law by virtue of royal decree no. 67 of 2008, issued on May 17, 2008. This law replaces existing laws no. 38 of 2000, 39 of 2000, 40 of 2000, 41 of 2000, and 82 of 2000 of Trademarks, Trade Date, Undisclosed Trade Information and Protection from Unfair Competition.
The regulations implementing Law no. 67 of 2008 came into force in Oman on December 17, 2008 by virtue of Ministerial Resolution no. 103 of 2008.
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, 10th edition.
Exception: Not included are the class 33, alcoholic goods in class 32 and pork meat based products in class 29 and Christmas trees in class 28.
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.
The application is filed by submission at the Industrial Property Directorate.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
Individual applicant is no more applicable to obtain a trademark registration unless the individual applicant submits a copy of an extract from the commercial register or certificate of incorporation of a company under his individual name.
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 US$ 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. 6 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 90 days from the date of the publication in the Official Gazette. Extension of time is not possible for oppositions or counter-oppositions while it is possible for responding to office actions.

Opposition against designation of IR Mark
90 days from publication date in the WIPO Gazette
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years.
According to Omani law the owner of the mark has a grace period not exceeding 6 months from the expiration date of the mark to pay the renewal fee, non-extendable under any circumstances.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 3 years from registration, it may be subject to cancellation by any interested party and before the competent court unless the owner of the mark presents a reasonable excuse to justify his non-use of the mark. A trademark registration will be incontestable, if it gains uninterrupted use for 3 years as of the registration date without any successful legal action against it during that period.
Unauthorized use of a trademark registered under the law, an imitation of such trademark applied on goods or in relation with services of the same class, sale, storing for the purpose of sale, or exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law.


Further practical details are available in our publication on this topic here
The official fees for filing a trademark application are USD 130, for acceptance and publication in the Official Gazette USD 260 and for registration USD 130 and USD 85 for publication in a local newspaper.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 380,00 € 350,00 € 
Word Mark Search (identical) 350,00 € 320,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
03-09-2017
JAH & CO. IP, Doha, Qatar  

11-24-2014
JAH & CO. IP, Doha, Qatar  

06-28-2013
JAH & CO. IP, Doha, Qatar  

02-06-2012
Al Alawi & Co Advocates & Legal Consultants, Muscat, Oman
JAH & CO. IP, Doha, Qatar  



Zeina Intellectual Property

Maktabi - Watiyah Suite #546
131 Muscat
Oman (OM)

Intellectual Property Office of Oman
PO Box 550
Postal Code 100
Muscat
Sultanate of Oman
Tel +968 24 814 230
Fax +968 24 812 030
Mail info@mocioman.gov.om
www.mocioman.gov.om



World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int