In the legal framework of Oman, a trademark is identified as a symbol that can be differentiated based on its unique characteristics, enabling the differentiation of products (trademarks) or services (service trademarks) from those offered by different entities. Trademarks, specifically, can include words (including personal names), letters, colors, combinations of colors, illustrations, numbers, the form of products, their packaging, 3D images, scent, or flavor, as well as the size of the product.
Registration of Oman Trademark
1. Filing the Trademark Application
To begin the trademark registration process, the application must be submitted to the Intellectual Property Department at the Ministry of Commerce and Industry (MOCI) in accordance with the guidelines outlined in the Executive Regulations for the Intellectual Property Law. This application should detail the trademark and specify the goods and services it is intended for, ensuring they fall within the designated categories of the international classification.
2. Review of the Application
Following the submission, the application undergoes a review by the department to determine its eligibility for registration. During this review, the department may issue written objections to certain aspects of the trademark, such as the range of goods or services it covers, or request modifications to the logo. The applicant has the opportunity to address these objections, and once a resolution is reached, the trademark application is approved for registration. This approval is then published in the Official Gazette and a local newspaper.
3. Opposition to the Trademark Registration
The publication in the Official Gazette and local newspaper serves to notify interested parties of the trademark registration process and invites them to oppose the registration if they believe it conflicts with their interests.
The department will then provide a copy of the applicant's response to those who have raised objections. After considering both sides, the department will make a decision on the objections, either approving or rejecting the trademark application.
For guidance on the trademark registration process in the UAE, assistance with trademark registration in Qatar, and more information on trademark and registration in Dubai, UAE, please visit our website.
Oman Trademark Requirements
- A power of attorney bearing an Apostille Certification.
- A duplicate of the applicant's business registration papers.
- A duplicate of the trademark intended for registration in Oman in its primary color.
- A verified duplicate of documents establishing priority (if priority is to be asserted).
- Information regarding the goods, products, and services for which the trademark is sought registration.
Renewal Requirements
For subsequent renewals, a general power of attorney can be utilized, provided there is a 6-month grace period.
Time Frames
The duration from submitting a trademark application to its registration, assuming there are no objections or oppositions, is as follows:
- Submitting the application to the office: 4 to 6 months
- The review period: 4 to 6 months
- The period for objections: 3 months
- The period from the end of objections to the issuance of the registration certificate: 2 months
- The total estimated duration from application to registration: 12 to 16 months
Duration for Renewal
The duration for renewal up until the issuance of the renewal certificate is as follows:
Submitting the renewal application: one month
The review period (if applicable): 3 months
The period from the publication to the issuance of the renewal certificate: 6 to 8 months
The total estimated duration for renewal: 6 to 8 months
Fees
- Registration of a trademark or multiple trademarks for products or goods within a specific category - RO 50
- Filing of the trademark in the MOCI records, following approval - RO 50
- Publication of the trademark in the Official Gazette - RO 50
- Issuance of the trademark registration certificate - RO 50
Marketing Agency Agreement
Registration of a marketing agency agreement between an entity from Oman and a foreign company with the Department of Commercial Agencies, Ministry of Commerce and Industries is required.
Requirements for Marketing Agency Agreement Registration
- A legally authorized power of attorney issued by an Omani consulate, granting permission to the applicant to register the agency agreement.
- A copy of the legally signed agency agreement or contract between the principal and the agent.
- A description of how the agent will fulfill the duties outlined in the agreement.
- A copy of the license issued for the establishment of a professional foreign company.
- A declaration from the individual merchant confirming that there are no criminal convictions, judgments that could damage their reputation or financial stability, or bankruptcies, unless they have taken steps to restore their reputation.
Additional Time Frames
- The duration for getting ready and submitting a lawsuit of any kind, including infringement or cancellation cases, and its subsequent legal steps until a final agreement is reached - ranging from 16 to 18 months.
- The period needed to submit an appeal to the trademarks registrar or the court, as necessary, concerning an opposition case, a response, or a denial - 3 months.
Feel Free To Reach Out To Us For More Information On Business Setup In Oman With Innovative Digital . Our Dedicated And Experienced Team Will Respond To Your Inquiry Within The Next 24 Hours. Call Or Whatsapp Us +968 7110 6867 Or Email: Info@innovativedigital.om
