Trademark

Summary of Trademark Registration System

Oman is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Oman. A separate application should be filed with respect to each class of goods or services.Once a trademark or a service mark application is filed,the mark is examined as to its registrability. 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 he 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. It is necessary to specify the list of goods/services at the time of filing for a registration of a trademark to avoid any opposition that might take place; the same also applies when renewing a trademark.

Publication is an invitation to any interested party to oppose the registration of trademarks or service marks conflicting with its interests. An opposition to the registration of a trademark or service mark should be made within the term of the opposition period, i.e.90 days as from the date of publication in the Official Gazette.The duration of a trademark or service mark registration is for 10 years from the filing date renewable for similar periods of 10 years each. According to the provisions of the law, a grace period of 6 months is allowed for filing a renewal application with a lateness fine. Renewal application(s) will be 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-visthird 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.

Use of trademarks is not compulsory in Oman for filing applications or for maintaining registrations in force.However, a trademark registration becomes vulnerable to cancellation by any interested party who can establish
the fact that the trademark was not actually used fora period of 3 years in succession, 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.

Filing Requirements

i) Trademark/Service Mark Applications

1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. A certified copy of the certificate of incorporation of OMAN
3. Fifteen Prints of the trademark.
4. A list of the goods and services to be covered by the application.
5. 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.

ii) Collective Mark Applications
1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. 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.
3. The prints of all marks should be on one sheet.
4. 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.

iii) Quality Control Mark Applications

1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. Prints of the trademark.
3. 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.
4. Two official copies of the institution or association statute, which is requesting for registration,mentioning the introduced amendments.
5. Two copies of the system followed by the applicant to control or inspect products mentioning the conditions required to be available and how to use the trademark on it.

iv) Renewal of Trademark/Service Mark Registrations
1. A Power of Attorney duly legalized up to the Consulate of Oman, if we do not previously possess one.
2. The trademark number and class.
3. The list of goods and services at the time of renewing of a trademark.

v) Assignment Applications
1. A Power of Attorney notarized and legalized up to the Consulate of Oman by the assignee.
2. A legalized deed of assignment executed by the assignor and the assignee.
3. 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.

vi) Merger Applications/License Applications
1. A Power of Attorney legalized up to the Consulate of Oman.
2. A legalized certificate of merger or license agreement.The license agreement should indicate the trademark
registration number in Oman.
3. 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.

vii) Change of Name Applications
1. A legalized Power of Attorney showing the new name and address.
2. A certified copy of the certificate of change of name.

viii) Change of Address Applications
A certified copy of the certificate of change of address.

x) Agency Agreements
1. A Power of Attorney legalized up to the Consulate of Oman.
2. An Agency Agreement/Contract executed by the Principal and the Agent, legalized up to the Consulate of Oman.
3. A statement as to how the agent will carry out his obligations.
4. A copy of the permit of establishing a foreign professional company.
5. 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.
6. Any document or documents required in the implementation of any other law.

Patent

Summary
General Information

International Agreements : Paris Convention, PCT & GCC (Gulf Cooperation Council)

Novelty :
As per the Law the invention is patentable if it is:
i) Novel
ii) Of an “Inventive Step” (non-obvious)
iii) Industrially Applicable
iv) Not in conflict with the general order or the rules of Islamic Shariaa or adversely influence the national security or the public morals.

The invention is patentable whether it is related to novel industrial products or produced by currently used industrial means or by new application of known industrial means.
Although the law does not stated any provisions related to the meaning of the novelty however, from the general concept of the law it is understandable that the invention should be “new” and was not disclosed to public anywhere at any time whether by written, oral disclosure or by use or any other method.

Priority under Paris Convention : Yes – within 12 months from the first filing.

Examination : There are no such provisions in the regulations about the substantive examination However, as been informed by the IP Department there will be substantive examination for patents.

Publication : Yes – in the Official Gazette

Opposition : Yes – within 60 days as of publication date

Protection Period : 20 Years as of grant date – The invention shall also be protected as of the date of filing the patent application, to the date of the patent grant.

Filing Requirements

Patent Filing Requirements

1. Power of Attorney duly legalized up to the Omani Consulate or certified by Apostille.
2. A certified copy of the certificate of incorporation or an Extract from the Commercial register of the applicant company legalized up to Omani Consulate or certified by Apostille.
3. Assignment Deed executed by the inventor(s), assigning their patent rights to the applicant legalized up to Omani Consulate or certified by Apostille.
4. Certified copy of Priority documents (IF claimed).
5. An abstract of the invention for the purpose of the publication of the invention in the Official Gazette of no more than 200 words showing the inventor’s name, address and nationality, brief description of the invention and claims, the technical field, the drawings, if any and how to solve problems that may occurred.
6. Detailed description of the invention in English & Arabic showing the following:
i) Title of the invention.
ii) Technical field.
iii) Technical background.
iv) Disclosure of the invention.
v) Description of drawings.
vi) Detailed description of the invention.
vii) Method of industrial application of invention • Claims • Abstract of invention • Drawings if any.

Industrial Design


Summary
General Information

A new Design Law has already been issued by Royal Decree No.39/2000 dated May 21, 2000 and came into effect from June 3, 2000. However, the Implementing Regulations are yet to be issued.
Until then, Designs can be protected by publishing Cautionary Notices in local newspapers.

Requirements for publishing cautionary notices :
1. Power of attorney.
2. The title of the design and particulars of corresponding foreign registration, if any.
3. A summary description or any other information regarding the invention if the owner desires to have such particulars published.
4. Details of the owner.