Under Omani law, a trademark defines as a mark that may be subject to topography in a specific manner which allows the distinguishing of goods (trademark) or services (service marks) produced by a particular establishment from those provided by other establishments. The trademark, in particular, maybe words (including personal names), letters, colours, group of colours, drawings, numbers, the shape of goods, their canning, 3D pictures, fragrance or taste, dimensional pictures.
Registration of Oman Trademark
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 favoured category or categories in the international classification.
2. The Examination of the Application
The registration application will be then examined by the department to deduce if the trademark can be registered. During the process of examination of 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 objections of the department, and once the disagreements resolve, the trademark application is accepted for registration by the department. The same publish in the Official Gazette and a local newspaper.
3. The Opposition of the Trademark
Official Gazette and local newspaper publication aim at inviting any interested party to oppose the registration of the trademark conflicting with its interests.
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 acceptance or rejection of the application.
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Oman Trademark Requirements
- A power of attorney with an Apostille Certification.
- A copy of the applicant’s commercial registration documents.
- A copy of the trademark proposed to be registered in Oman in its original colour.
- A certified copy of priority documents (in case priority is to be claimed).
- The details of goods, products, and services for which the trademark will be registered.
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 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 the foreign company with the Department of Commercial Agencies, Ministry of Commerce and Industries is needed.
Marketing Agency Agreement Requirements
- A legalized power of attorney which is up to an Omani consulate authorizing the applicant to register the agency agreement.
- A copy, legalized agency agreement or contract executed between the principal and his agent.
- A statement as to how the agent will carry out his obligations specified in the agreement.
- A copy of the permit of establishing a professional foreign company.
- A declaration from the individual merchant that there have been no conviction judgements against him that tarnish the honour and good reputation or bankruptcy unless he retrieved his esteem.
Additional Time Frames
- The time frame for preparation and filing of a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement- 16 to 18 months.
- The time required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection- 3 months.
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