Details on Oman Trademark Registration

by Zaara 01, Jun 2020

Oman trademark registration

Under Omani law, a trademark is defined as a mark that may be subject to topography in a specific manner that allows distinguishing goods (trademark) or services (service marks) produced by a particular establishment from those provided by other establishments. 

The trademark, in particular, may be words (including personal names), letters, colors, groups of colors, drawings, numbers, the shape of goods, their canning, 3D pictures, fragrance or taste, or dimensional pictures.

This blog is for you for every brand trying for their Oman trademark registration.

Process of Oman Trademark Registration

Investing in Oman is one of the best decisions an entrepreneur can make because of its several benefits. The nation is constantly making itself fit to give more to its investors. With your company registration in Oman, you may also proceed with trademark registration 

1. The Application Process

The application for trademark registration has to be submitted to the department of intellectual property at the Ministry of Commerce and Industry (MOCI) following the terms and conditions stated in the Executive Regulations for the IP Law. 

The trademark application must include a description of the mark and a list of goods and services for which the registration of the mark is needed, provided they include in the favored category or categories in the international classification.

2. The Examination of the Application

The department will then examine the registration application to deduce if the trademark can be registered. While examining the application, the department will issue its objections in written form to particular aspects of the trademark, such as the scope of goods or services, or direct the applicant to modify the logo. 

The applicant can respond to the department's objections, and once the disagreements resolve, the trademark application is accepted for registration by the department. The same is published in the Official Gazette and a local newspaper.

3. The Opposition to the Trademark

Official Gazette and local newspaper publications aim at inviting any interested party to oppose the registration of the trademark conflicting with its interests.

If any, the department will then furnish a copy of the reply submitted by the applicant to the individuals who raised the objections. After hearing the two parties, the department will decide on the complaints by either accepting or rejecting the application.

Oman Trademark Registration Requirements

  1. A power of attorney with an Apostille Certification.
  2. A copy of the applicant’s commercial registration documents.
  3. A copy of the trademark proposed to be registered in Oman in its original color.
  4. A certified copy of priority documents (in case priority is to be claimed).
  5. The details of goods, products, and services for which the trademark will be registered.

Oman Trademark Renewal Requirements

A power of attorney, a general power, may be used for subsequent renewals with a grace period of 6 months.

Time Frames

The time frames from filing a trademark application to registration, on average, in case of no office action or opposition are lodged or issued, are as follows.

  • Filing up to Examination- 4 to 6 months
  • Examination up to Publication- 4 to 6 months
  • Opposition period- 3 months
  • End of Opposition Period up to Issuance of Registration Certificate- 2 months
  • Total Estimated Time Frame- 12 to 16 months

Time Frames for Renewal

Time frames for renewal up till the issuance of the renewal certificate are as follows.

  • Filing up to Examination- one month
  • Examination up to publication (if it exists)- 3 months
  • Publication to Issuance of the renewal certificate- 6 to 8 months
  • Total estimated time frame- 6 to 8 months

Fees

  • Application with stamps to register a trademark or group of trademarks for goods or products in a single category- RO 50
  • Recordation of the trademark in the MOCI books, in case of acceptance- RO 50
  • Publication in the Official Gazette- RO 50
  • Issuance of trademark registration certificate- RO 50

Marketing Agency Agreement

A marketing agency agreement registration between an Omani entity and a foreign company with the Department of Commercial Agencies, Ministry of Commerce and Industries is needed.

Marketing Agency Agreement Requirements

  • A legalized power of attorney is up to an Omani consulate authorizing the applicant to register the agency agreement.
  • A copy, legalized agency agreement, or contract is executed between the principal and agent.
  • A statement as to how the agent will carry out his obligations specified in the agreement.
  • A copy of the permit for establishing a professional foreign company.
  • A declaration from the individual merchant that there have been no conviction judgments against him that tarnish the honor and good reputation or bankruptcy unless he retrieved his esteem.

Additional Time Frames

  • The time frame for preparing and filing a lawsuit of any type, such as infringement or cancellation action, and following up its proceedings till final settlement- is 16 to 18 months.
  • The time required for filing an appeal with the trademark’s registrar or court as applicable regarding an opposition action, counterstatement, or rejection- is 3 months.

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