According to Article 14 of the Trademarks Law of the Gulf Cooperation Council Countries, any interested party may file an objection to the registration of a trademark within sixty days from the publication date of the mark.
Overview of the Trademark Opposition Procedure:
- Notice of Opposition: An individual wishing to file an opposition must do so within the non-extendable period of 60 days from the publication date in the bulletin issued by the competent authority. This must be accompanied by the payment of the required objection fee and submitted using the designated form. As stipulated in Article 14 (2), the competent department is required to notify the applicant with a copy of the objection within thirty (30) days of its submission.
- Counterstatement: Following the service of notice of opposition, the applicant has 60 days to file a response. This period is calculated from the date they receive the notification of the opposition from the Trademark Office (TMO). If the applicant fails to respond within this timeframe, they will be considered to have waived their application.
- Hearing: As per the current practice, a hearing must be requested at the time of filing the opposition. A hearing will be scheduled, allowing both the opponent and the applicant to present oral arguments and submit documentary evidence.
- Decision:The Trademark Board will review all submissions and render a decision. The competent department will notify both parties of its reasonable decision, including any restrictions or conditions deemed necessary, within 90 days following the hearing.
- Appeal:An appeal can be filed by the aggrieved party with the Competent Authority within 30 days of the date of notification.