img_oman

Affiliations

Bodies: World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions: Berne Convention, Brussels Convention, Nairobi Treaty, Paris Convention, Patent Law Treaty, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances & Phonograms Treaty, Budapest Treaty, Hague Agreement, Madrid Protocol, Patent Cooperation Treaty, GCC Patent Law, Apostille Convention.

Country Information

Capital: Muscat

Location: Middle East, bordering the Arabian Sea, Gulf of Oman, and Arabian Gulf, between Yemen and UAE.

Languages: Arabic (official); English widely understood.

Currency: 1 U.S. $= 0.39 Omani Rial (January 2014)

Timezone: GMT + 4

Trademark Requirements

Trademark Filing Requirements

  • A Power of Attorney duly legalized up to the Consulate of Oman.
  • A certified copy of the certificate of incorporation of the applicant company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
  • If priority is claimed, a certified copy of the priority document should be submitted to the Trademark Office in Oman within three months as of the filing date of the application.

Collective Mark Applications

  • A Power of Attorney duly legalized up to the Consulate of Oman.
  • A certified copy of the certificate of incorporation of the applicant company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
  • A certified copy of the priority document must be submitted, in case it is claimed within three months as of the filing date of the application.

Assignment Applications

  • A Power of Attorney notarized and legalized up to the Consulate of Oman by the assignee.
  • A legalized deed of assignment executed by the assignor and the assignee.
  • A certified copy of the certificate of incorporation of the assignee company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.

Merger Applications/License Applications

  • A Power of Attorney legalized up to the Consulate of Oman.
  • A legalized certificate of merger or license agreement. The license agreement should indicate the trademark registration number in Oman.
  • A certified copy of the certificate of incorporation of the licensee company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.

Renewal of Trademark/Service Mark Registrations

  • A Power of Attorney duly legalized up to the Consulate of Oman, if the marks were not registered earlier by Alpha or if we do not have the client’s POA.
  • The trademark number and class or just the scanned copy of the original registration certificate

Change of Name Applications

  • A legalized Power of Attorney showing the new name and address.
  • A certified copy of the certificate of change of name.

Change of Address Applications

  • A certified copy of the certificate of change of address.

Agency Agreements

  • A Power of Attorney legalized up to the Consulate of Oman.
  • An Agency Agreement/Contract executed by the Principal and the Agent, legalized up to the Consulate of Oman.
  • A statement as to how the agent will carry out his obligations.
  • A copy of the permit of establishing a foreign professional company.
  • A declaration from the individual merchant that there have been no conviction judgments against him that tarnish honor and good repute or bankruptcy, unless he retrieved his esteem.
  • Any document or documents required in the implementation of any other law.

Trademark Summary

The Sultanate of Oman is the second largest country in the GCC nations and is treated as a gateway to Gulf. It is bordered by UAE, Saudi Arabia, Yemen and Arabian sea. In Oman the legal basis of the IP rights’ protection and enforcement is the Royal Decree No. 67/2008, the Industrial Property Law. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.

Once a trademark or a service mark application is filed, the mark is examined. The Registrar may object in writing to certain aspects of the mark in the course of examination, such as the scope of goods or services, or may ask for the modification of the mark. Trademark or service mark applications accepted for registration by the Registrar are published in the Official Gazette and once in a local daily newspaper.

Once the mark is published in the Official Gazette, it is open for public opposition for 90 days from the date of publication. During this period any interested party may raise an object towards the registration of the published mark. However, such an opposition must be filed within 90 days from the date of publication. No extension either to file opposition or counter-opposition is possible in Oman. If there are no oppositions, the trademark matures for registration and the TMO issues the corresponding Certificate of Registration in due course.

A trademark is valid for 10 years from the date of filing. The registration is renewable for periods of 10 years.  Renewal action could be initiated during the last year of the protection period. In case of failure in renewing the mark within the protection period, the Oman TMO allows a grace period of 6 more months but subject to the payment of fine. After the renewal action is recorded in the TMO records, it is published in the Official Gazette.

The assignment of a trademark or service mark can be recorded once the mark is registered in the country. In fact, unless an assignment has been entered against a trademark or service mark in the register and published in the Official Gazette, it shall not be effective vis-à-vis third parties. The registrant of a trademark or service mark is also obliged to record any change in his name and/or address with the Trademark Registry.

Like other countries of the GCC world, it is not compulsory to use the mark for filing applications or maintaining the registration in force. However, a trademark is vulnerable for cancellation in case any interested party proves the non-use of the mark for 3 continuous years from the date of registration unless the applicant furnishes a reasonable excuse that justifies the non-use. Nevertheless 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.