TRADEMARKS FILING AND PROSECUTION IN QATAR
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 Qatar 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.
|Relevant office||Intellectual Property Department Ministry of Commerce and Industry|
|Nice classification||Yes (11th edition)|
|Multi class system||No|
|Documents required for filing trade mark application||Legalized power of attorney, copy of incorporation certificate and or commercial register|
|Prosecution process||Filing publication of the mark in the trade mark journal opposition(within 4 months from the date of publication) registration renewal|
|Registration term||10 years from the date of application|
|Renewal term||10 years|
Trademark searches in Qatar
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. Recently Qatari trade mark registrar has accelerated the trademark searching process and the trademark search can be conducted and the official results are obtained within 2 to 3 working days.
Trademark word search edition of Qatar 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 Qatar 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 Qatar. 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 Qatar can be conducted amongst the marks filed and registered as per the Vienna code classification.
Filing trademark application in Qatar
A person may file single class trademark application in Qatar.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Qatar
Ordinary trademark applications filed in Qatar are applications without claiming any priority. An ordinary application for registration in Qatar can be filed online through its website. The fee for the filing ordinary application is also paid online. Multi class trademark applications cannot be filed in Qatar. 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 Qatar/Convention trademark applications Qatar:
A priority trademark application may be filed in Qatar. A priority trademark application should be filed in Qatar 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 Qatar within six months of after the date on which the application was made in the Convention Countries.
Trademark classes of goods and services
Qatar follows the nice classification of classes. Qatar 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. The various classes have the different goods and services with defined terms for the users.
Class 32 and 33 covering alcoholic drinks and beverages are not registrable in Qatar.
Trademark examination in Qatar
Once the application is submitted for the registration, the trademark is examined to ascertain whether it complies with all the legal requirements. If no objection is raised the trademark application is accepted and is published in the official gazette. This means that the application is open for the third party observation.
Trademark opposition in Qatar
Once the trademark application is accepted it is published in the official gazette and it is oppose by the third parties having similar interests. The opposition period is of 4 months from the date of publication in the official gazette
Trademark registration in Qatar
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.