The Gulf Cooperation Council (GCC) comprises of six member states: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates (UAE). While the GCC Unified Trademark Law was established to harmonize trademark procedures across the region, only five of these countries i.e., Bahrain, Kuwait, Oman, Qatar, and Saudi Arabia have adopted and implemented the law. The UAE has yet to formally align with this unified framework.
In the five adopting GCC states (hereinafter referred to as ‘GCC States’), the trademark registration process includes a public opposition phase. Once a trademark application is published in the respective national Trademark Bulletin, any interested party may file an objection. This opposition procedure is governed by the GCC Unified Trademark Law, ensuring consistency and legal clarity across the participating jurisdictions.
Trademark prosecution and oppositions are handled by the following authorities:
- Bahrain: Grievances and Opposition Section at the Ministry of Industry and Commerce
- Oman: Ministry of Commerce, Industry and Investment Promotion (MOCI)
- Qatar: Ministry of Commerce and Industry.
- Kuwait: Trademark Control Department at the Ministry of Commerce, Industry and Investment Promotion (MOCI)
- Saudi Arabia: Saudi Authority for Intellectual Property (SAIP)
Procedure of trademark opposition in Bahrain, Oman, Qatar, Kuwait and Saudi Arabia:
- Notice of Opposition: An opposition must be filed in writing with the IP Office of respective jurisdiction within 60 days from the date of the trademark’s publication in the Official Gazette.
- No extensions are permitted under the GCC Trademark Law or its Implementing Regulations.
- The opposition must include:
- A detailed statement of the grounds for opposition.
- All supporting evidence, such as prior rights, likelihood of confusion, bad faith, or lack of distinctiveness.
- The documents must be filed in Arabic or accompanied by certified Arabic translations.
- Within 30 days of receiving the opposition, the IP Office must notify the applicant and share all submitted materials with them.
2. Reply by the Applicant: Upon receiving the notice of opposition, the trademark applicant has 60 days to submit a written response to the said IP Office.
- Failure to submit a response within this period will result in the application being considered abandoned.
- No extensions are allowed under the law.
- Any supporting evidence must be submitted as authenticated affidavits or witness statements.
- All non-Arabic materials must be officially translated into Arabic by a certified translator.
3. Hearing and Decision: A hearing may be held for oral arguments, or the IP Office may decide based solely on submitted documents. A decision must be issued within 90 days of the hearing or, if no hearing is held, the IP Office may issue its decision based on the documents the parties have submitted into the proceedings. The decision must include clear justifications and be communicated to both parties. If neither party has requested a hearing, the ninety days will begin on the date that the IP Office notified the parties that it would make a decision from the papers and evidence submitted.
4. Appeal: Either party may appeal the decision of the IP Office to the Civil Court of the respective jurisdiction within 30 days of receiving the written decision. Appeals are governed by their respective judicial procedures and may involve a full review of the case record.