Summary of the guide:
- Laws relating to Trademark in Oman
- Trademark registration process in Oman
- How long does it take to get a trademark registration in Oman?
- Examination criteria for trademarks in Oman
- Costs for trademark registration in Oman
- How long is a trademark protected for?
- When does the protection of a trademark in Oman start?
- What trademark classes are available in Oman?
- What are the documents required for trademark protection in Oman?
- What are important deadlines for trademark protection in Oman?
- Are international trademarks available in Oman?
- National Vs International trademark in Oman?
- Local tips for trademark registration in Oman
- Service level guarantee for trademark registration in Oman
Laws relating to Trademark in Oman
Trademark laws in Oman are regulated by the GCC trademark law and its implementing regulations. While the GCC trademark law is the main trademark related law, there are multiple other laws and implementing procedures relevant in Oman. The governing authority for trademarks in Oman the Ministry of commerce and industry. Specifically, the Directorate General of Commerce (MOCI) is where trademarks are filed, searched for and maintained.
Trademark registration process in Oman
A smooth trademark registration generally passes through three phases:
Filing - which you file the trademark at the TM department.
Publication - if the mark is accepted and not rejected, it will be published for 60 days (opposition period).
Registration - After the opposition/publication period ends, you can pay the final registration fees and receive your trademark certificate.
After filing a trademark at the trademark office, and settling official fees relating to filing the trademark examiners at the commercial sector of the Directorate General of Commerce (MOCI) in Oman to examine trademark applications, the examination process takes place on two levels:
Formal examinations of trademarks in Oman - are examinations which take into account regulatory, formal or documentary aspects of the trademark filing requirements. In other words, an examiner will look at, whether all the required documents for filing have been submitted, whether these documents have been properly authenticated (legalized or locally legalized), whether the fees have been settled, whether the applicant is entitled to register a trademark locally, whether the classes designated are available locally, and whether priority documents are included or not.
Substantive examinations of trademarks in Oman - are conducted by examiners in the commercial sector of the Directorate General of Commerce (MOCI).
How long does it take to get a trademark registration in Oman?
It takes between 7 to 10 months to receive a trademark registration certificate in Oman.
Examination criteria for trademarks in Oman
The examination criteria are both on absolute grounds, and relative grounds:
Absolute grounds for trademark refusals in Oman are:
- Trademarks which are devoid of any distinctive character.
- Trademarks which exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
- Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
- Trademarks which are contrary to public policy.
- Trademarks which are contrary to public morals and ethics.
- Trademarks which deceive the public, as to the nature, quality, or source of the goods or services.
- Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags or symbols.
- Trademarks which include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
- Trademarks which are similar to or resemble symbols of a purely religious character.
- Trademarks which are geographical names and whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
- Trademarks which are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
- Trademarks which are indications of honorary distinctions to which the applicant for registration cannot prove.
Relative grounds for trademark refusals - assess whether a trademark application filed in Oman may cause confusion due to the similarity with a previously registered or famous trademark locally.
Costs for trademark registration in Oman
Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.
Professional fees for trademark registration
Professional fees for trademark registration in Oman ranges from USD160 to USD1,500 depending on the service provider you are working with. Easy trademarks provide cost-effective solutions and have professional fees depending on the package you choose, as we leverage legal technology, which provides the brand owners with the ability to get premium service, consistency, and delivery with a cost-effective price. Once you are ready to start, choose the package you want and you will see the total official fees and professional fees for each package. Refer to Build your proposal to calculate the fees.
Official fees for trademark registration
Official Filing fees of a trademark = USD985
Official Publication fees of a trademark = USD24
Official Final Registration fees of a trademark = USD24
How long is a trademark protected for?
A trademark is valid for 10 years from the filing date.
When does the protection of a trademark in Oman start?
Trademark registration is valid for 10 years calculated from the filing date. In order to maintain protection after 10 years, a brand owner should renew the trademark by filing a renewal application.
What trademark classes are available in Oman?
A trademark owner who is usually referred to as an applicant has to file a trademark on each class required since Oman is not a multi-class system. Each class is considered a different trademark. An applicant can protect a trademark on all 45 classes. Every trademark is registered on a specific list of goods (products or services). In Oman, there is no limitation on the number of classes you can register your trademark on. However, when designating goods in Oman, there is a pre-approved list provided by the Oman trademark office. While this list is limiting, applicants may enter free form goods within their application in order to specify exactly what to include in the class.
What are the documents required for trademark protection in Oman?
A Power of Attorney:
- If you are not a resident of Oman, an apostilled or legalized power of attorney is required for trademark registration in Oman. If you are not a resident nor a national of Oman, then the power of attorney and the trade license should be apostilled or legalized.
- If you are a resident or a national living in Oman, then the power of attorney should be notarized and a copy of your trade license or Omani ID will be sufficient to file the trademark locally. Notarizing the POA can be completed through a quick visit to the notary. Download POA template.
- The power of attorney can be submitted within 6 months from filing. You can file your trademark in Oman without a legalized power of attorney, and submit it later on within a period of 60 days calculated from the filing date.
Trade License / Commercial Certificate / Certificate of Good Standing:
- If you are a local entity, then a trade license is required, and a simple copy of the license as long as it is valid.
- If you are an international company, a trade license should be apostilled or legalized.
What are important deadlines for trademark protection in Oman?
The Ministry of commerce and industry implements strict deadlines when processing trademark applications. An application can be submitted without the supporting power of attorney, however the Power of attorney is required within 60 days. There are strict deadlines for settling fees relating to:
- Publishing a trademark in Oman after a notice of allowance is issued - 30 days non-extendable
- Settling trademark registration fees in Oman once the trademark completes the publication - 30 days non-extendable
- Responding to a trademark rejection decision in Oman 60 days non-extendable
- Opposing a published mark 60 days non-extendable
- A trademark is protected for 10
- Responding to an international refusal issued by the Oman trademark office is 60 days non-extendible.
Are international trademarks available in Oman?
If you want to register your trademark internationally and target specific countries, you can designate Oman through an international application, the country code for designating Oman within an international application is OM.
National Vs International trademark in Oman?
National applications in Oman are much quicker to prosecute and both cost about the same. Moreover, the international trademarks receive office actions 75% of the time, so the underlying costs were higher. In terms of cash flow when filing a trademark in Oman the official fees are all paid up front so there is technically no difference between national and international applications.
Local tips for trademark registration in Oman
- To register your trademark in Oman, you will need to translate applicant details, list of goods (classes), and trademark details into the Arabic language.
- Specifying goods and services in Oman is possible even though these are not included in the general drop down of goods by the trademark office. These can be added separately to the goods chosen from within nice.
Service level guarantee for trademark registration in Oman
If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted and certified all trademark agents, and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.
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