Trademark

Summary

Qatar follows the International Classification of Goodsand Services for the Purposes of the Registration ofMarks under the Nice Agreement, yet classes 1, 4 to 7,10 to 14, 16 to 22, 29 and 31 are not granted entirelyunder the trademark law. Products covered by class 33and alcoholic drinks and beverages in class 32 are notregistrable. The law has been amended so that a separateapplication should be filed with respect to each class ofgoods or services.The prints of a trademark originally in colors can besubmitted in black and white, but should specify the
colors to be claimed.

Once a trademark application is filed, the trademark isexamined as to form and substance, as Qatar follows theanteriority examination system. Accepted trademarkapplications are published in the Official Gazette ofTrademarks. Any interested party may, within 4 monthsfrom the date of publication, oppose the registration ofa published trademark.Opposition cases are referred to the civil court, if notsettled by the Registrar, or if either party appeals theRegistrar’s decision. In the absence of opposition, apublished trademark is registered and the relativecertificate of registration will be issued.A trademark registration is valid for 10 years from the dateof filing the application, renewable for further consecutiveperiods of 10 years each. The renewal fees of a trademarkregistration can be paid during the last 12 months ofthe current protection period. There is a 6-month graceperiod within which a late renewal application can befiled, but such a late renewal application is subject to thepayment of additional fees. A separate application forthe renewal of a trademark registration or any recordalis needed in respect of each class of goods or services asfar as trademarks are originally registered in more thanone class.The ownership of a registered trademark can be assignedwith or without the goodwill of the business concern.Unless an assignment has been recorded in the registerand published in the Official Gazette of Trademarks, itshall have no effect vis-à-vis third parties.

Changes in thename and/or address of a registrant, amendments notsubstantially affecting the identity of the trademark andlimitation of the list of goods or services covered by atrademark registration can be recorded as well.Use of trademarks in Qatar is not compulsory for filingapplications or for maintaining trademark registrationsin force. Any interested party may request the court toorder cancellation of a trademark registration, if theowner fails to use such a trademark in Qatar within 5consecutive years from the date of the registration. Thecancellation action for non-use of a registered trademarkcannot be accepted unless the owner of a trademark isgiven a one-month notice that his trademark is subjectto cancellation for non-use.Unauthorized use of a trademark registered under thelaw, an imitation of such a trademark applied on goodsand/or used in respect of services of the same class, sale,storing for the purpose of sale, exhibiting for sale ofgoods bearing a counterfeit mark, or using a mark dulyregistered under the law by another person to serve thepurpose of unauthorized promotion of goods and/orservices of the same class are offenses punishable underthe law in Qatar.

Filing Requirements

i) Trademark/Service Mark Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.

2. A simple copy of the certificate of incorporation ofthe applicant company, or an extract of the entry ofthe applicant in the commercial register.

3. Five prints of the trademark.

4. A list of the goods to be covered by the application.The protection of the class cannot include all goodsand services for classes 1, 4 to 7, 10 to 14, 16 to 22,29 and 31, as they are not entirely granted by thetrademark law; one item must always be excludedfrom these classes. Products covered by class 33 and“alcoholic drinks and beverages” in class 32 are notregistrable.

5. The name, address, nationality, activity andlegal status of the applicant and the nature of itsbusiness.

6. A copy of the priority document, in case priority isclaimed.

ii) Collective Mark Applications
1. A Power of Attorney legalized up to the QatariConsulate or any other Arab consulate.

2. A simple copy of the certificate of incorporation ofthe applicant company, or an extract of the entry ofthe applicant in the commercial register.

3. Five prints of the trademark.

4. A list of the goods to be covered by the application.The protection of the class cannot include all goodsand services; one item must always be excluded.

5. The name, address, nationality, activity andlegal status of the applicant and the nature of itsbusiness.

6. A copy of the priority document, in case priority isclaimed.

iii) Renewal of Trademark/Service Mark Registrations

1. A Power of Attorney legalized up to the QatariConsulate or any other Arab consulate, if we do notpreviously possess one.

2. The name, address, activity and nationality of theapplicant and the nature of its business.

3. The trademark number.

iv) Assignment Applications

1. A Power of Attorney legalized up to the QatariConsulate or any other Arab consulate by theassignee.

2. A deed of assignment signed by both parties,authenticated and
legalized up to the Consulate ofQatar.

3. A simple copy of the certificate of incorporation, oran extract of the entry of the assignee company inthe commercial register.

v) Registered User/License Agreement Applications

1. A Power of Attorney legalized up to the QatariConsulate or any other Arab consulate by theLicensee.

2. An authenticated license agreement in writingsigned by the parties thereto and duly legalized upto the Qatari Consulate.

3. A simple copy of the certificate of incorporation, or anextract of the entry of the registered user companyin the commercial register.

vi) Change of Name/Address Applications

1. A Power of Attorney legalized up to the QatariConsulate or any other Arab consulate in the newname and/or address.

2. A certificate proving the change of name oraddress.

vii) Amendment of Trademark Applications

1. A Power of Attorney legalized up to the QatariConsulate or any other Arab consulate and stampedwith the company’s seal.

2. An authenticated certificate showing theamendment.

viii) Agency Agreements

1. A Power of Attorney legalized up to the QatariConsulate or any other Arab consulate.

2. An Agency Agreement executed by the Principaland the Agent, legalized up to the Qatari Consulateincluding:
a. Names and nationalities of the agent and theprincipal.
b. Goods, products and services, which arenominated in the Agency contract.
c. Rights and liabilities of the Agent and thePrincipal, and the Principal’s responsibilitytowards his Agent’s obligations with clarifyingthe proportion of profit or commission.

Note:
In case no Qatari Consulate exists, legalization will beaccepted from any Arab Consulate.

Patent

Summary

General Information

The State of Qatar is a party to the Gulf Cooperation Council (GCC) Patent Law, which provides effective protection.
As there are no statutory patent laws in force in the State of Qatar, the only available means for protecting Patents is publishing Cautionary Notices in Arabic and English in local newspapers.
Cautionary Notices define the owner’s interest in the industrial property, announce the ownership thereto, and alert the public against any possible infringement. Such publication of notices could be of considerable assistance in case of litigation.
There is no standing regulation as to when a cautionary notice should be republished. A cautionary notice is not as effective as a registration and is not deposited with any government department. Consequently, republication of cautionary notices at reasonable intervals acts as a reminder to the public and helps to ward off eventual infringers.

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

Filing Requirements

GCC Patents Filing Requirements

1. A power of attorney executed by the applicant, duly notarized and legalized up to the Consulate of any GCC country.

2. A certified copy of the certificate of incorporation or an Extract from the Commercial register of the applicant company duly legalized by the Consulate of any GCC country.

3. A deed of Assignment executed by the inventor(s), assigning their patent rights to the applicant, also notarized and legalized up to Consulate of any GCC country.

4. Certified copy of Priority documents. If the documents are not in English, a simple English translation is required.

5. Two copies of the specification and claims in English and Arabic, prepared strictly in the following order:

• Title of the invention
• Technical field
• Technical background
• Disclosure of the invention
• Description of drawings
• Detailed description of the invention
• Method of industrial application of invention
• Claims
• Abstract of invention
• Drawings, if any

6. The Arabic text of the specification and claims on a diskette using Microsoft Word (Windows Edition).

Note :
A GCC patent application can be filed with the English text of specification and claims together with the Arabic translation thereof. Documents 1, 2, 3 and 4 should be submitted to the GCC Patent Office within three (3) months from the date of filing the application. Otherwise, the application will lapse.

Industrial Design


Summary

General Information

There are NO statutory design laws in Qatar, the only available means for protecting designs is by publishing Cautionary Notices in Arabic and English in local newspapers.
Cautionary notices define the owner’s interest in the industrial property, and alert the public against any possible infringement. Such publication of notices could be of considerable assistance in case of litigation.
There is no standing regulation as to when a cautionary notice should be republished. A cautionary notice is not as effective as a registration and is not deposited with any government department.
Thus, re-publication of cautionary notices at reasonable intervals acts as a reminder to the general public and keeps infringers at bay.

The requirements for publishing Cautionary Notices are the following:

1. The name, address, nationality, nature of business, etc., of the owner of the invention or industrial model or design.

2. The title of the invention and particulars of the home registration or any other registration.

3. A summary description of the invention in English if the owner desires to have it published.