TRADEMARKS FILING AND PROSECUTION IN OMAN
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to help consumers indentify that its products or services with which the trademark appears originate from a unique source, and to help distinguish its products or services from those of other entities.
Trademark in Oman may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
- ℠ (for an unregistered Service mark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. Trademarks in Oman are governed by the industrial property law issued by the Royal Decree No. 67/2008, which is later on amended by the Royal Decree No. 131/2008.
|Relevant office||Intellectual Property Department Ministry of Commerce, Industry and Investment Promotion|
|Nice classification||Yes (11th edition)|
|Multi class system||No|
|Documents required for filing trade mark application||Simply executed Power of Attorney, name address and nationality of the applicant, a list of specific goods/services, incorporation certificate of the applicant|
|Prosecution process||Filing publication of the mark in the trade mark journal opposition(within 60 days from the date of publication) registration renewal|
|Registration term||10 years from the date of application|
|Renewal term||10 years|
Trademark searches in Oman
It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Oman can be conducted for word marks, device marks, numeral and labels. An official search can be conducted through a trademark availability option present on the official website; this particular service provides the user to check the trademark availability in international ROMARIN trademark register basically this service is managed by the WIPO. Trademarks can be used by the owner for the commercial purposes. This particular option shows the details of the search results and provides the information whether the desired name of the trademark can be used in relation of the goods/services.
Trademark word search edition of Oman follows the Nice Classification and trademark applications can be filed for goods in classes 1-34 and services in classes 35-45.
It is advisable to conduct comprehensive trademark clearance search in Oman to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Oman. It is advisable to conduct a comprehensive search for a figuration trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures etc. or combination of marks containing device marks. A device mark search in Oman can be conducted amongst the marks filed and registered as per the Vienna code classification.
Filing trademark application in Oman
A person may file single class trademark application in Oman.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Oman
Ordinary trademark applications filed in Oman are applications without claiming any priority. Recently the ordinary applications in Oman can be filed online through online portal. Currently they are also accepting physical trademark application but it will discontinue in the future.  Multi class trademark applications cannot be filed in Oman. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Oman/Convention trademark applications Oman:
A priority trademark application may be filed in Oman. A priority trademark application should be filed in Oman within 6 months after the date on which the application was made in the convention country.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Oman within six months of after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Oman follows the nice classification of classes. Before applying for registration it enables the user to decide which classes and terms to select and register under the trademark. Oman uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defines list of terms and cover all the goods and services.
Users can browse through different classes and can find appropriate class for your goods and services and also find appropriate terms to be used for the goods and services intended to be protected. Each class has defined terms which categorize different products and services that can be protected under the trademark.
Trademark examination in Oman
Once the trademark or service mark is filed, it goes through the examination process. The registrar will examine the application and may object the application on the absolute and relative grounds.
In case of the rejection and amendment of trademark application the applicant is given 60 days to appeal the decision.
In case there is no objection the application is accepted and is permitted to be published in official gazette in the daily newspaper for the observation by the third parties.
Trademark opposition in Oman
Once the trade mark application is published in official gazette in the daily newspaper, it is open for third parties to oppose the trademark application. The opposition period is for 60 days from the date of publication of application in official gazette. The parties having conflicting interests and similar trademark already registered may oppose the application for registration.
Trademark registration in Oman
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favor of the applicant. The mark is registered for a period of 10 years from date of filing of the application and the registration certificate is issued.