Trademark Registration Services in Oman

Trademark protection is one of the top issues for protecting investors' rights. Various brands have distinct identities with separate signs, marks, names, designs, signatures, and so on. It is crucial to be protected by registration in the territory where it operates a business or provides services under that specific mark, title, drawing, name, colour pattern, or logo, which is generally referred to as a trademark.

Oman is a new commercial location for manufacturers and investors. It attempts to safeguard the interests of business owners in the most effectual way possible. This act of great transparency and rigorous legislation for business protection attracts investors to Oman to start-up enterprises and branches of firms.

Oman has enacted trademark registration legislation under the Industrial Property Rights Law, which was promulgated by Royal Decree Number 67/2008, the Intellectual Property Law (IP Law). Through the adopted laws, the Ministry of Commerce and Industry (MOCI) controls industrial and intellectual property problems. The GCC Trademark Law was ratified by Oman in accordance with Royal Decree No. 33/2017, but because no implementing rules were enacted, the GCC Law has not yet superseded the previous IP Laws.

There are two ways of registering a trademark in Oman:

• The National Trademark Registration and the registration of Trademarks as per the Madrid Protocol (World Wide Trademark Registration). The National Trademark Registration is relevant if the brand owners need to register the trademark in Oman only.
• The applicants who own one or more trademarks in the countries under the Madrid Union can apply for trademark registration in Oman under the Madrid System by filing a single application. Omani nationals and Omani companies can also apply for worldwide Trademark registration.

Limitations for applying for a trademark in Bahrain:

The following may not be a trademark and may not be registered as such:

1. Trademarks which are devoid of any distinctive character.
2. 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.
3. Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
4. Trademarks which are contrary to public policy.
5. Trademarks which are contrary to public morals and ethics.
6. Trademarks which deceive the public, as to the nature, quality, or source of the goods or services.
7. 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.
8. Trademarks which include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
9. trademarks which are similar to or resemble symbols of a purely religious character.
10. 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.
11. Trademarks which are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
12. Trademarks which are indications of honorary distinctions to which the applicant for registration cannot prove.

Documents required:

• The required documents for application are as follows:
• a Power of Attorney (apostilled or legalized up to the Consulate of Oman);
• a Certificate of Incorporation (apostilled or legalized up to the Consulate of Oman);
• copies of the trademark;
• the list of the goods or services to be covered by the application;
• a certified copy of the priority document (should priority be claimed) within three months as of the filing date of the application.

Registraton:

For registering a trademark in Oman an application should be filed at the Department of Intellectual Property (IP Department) at the Ministry of Commerce and Industry. The brand owners need to submit the application to the IP Department through trademark agents in Oman. The application should contain a description of the trademark and it should be distinctive from other trademarks in aspects like shape, colour, etc.

1. Examination
After the brand owner submits the application for trademark registration in Oman, the IP department will examine the mark on absolute and relative grounds. The trademark will be examined for its distinctiveness and also for violation of public morals. After the examination, the IP Department will deliver its decision to allow the trademark for publication or rejection or for making amendments to the application.

2. Trademark Publication
If the IP Department accepts the trademark application, then the applicant can file the trademark application in the Official Gazette as well as a local Daily Newspaper.

3. Opposition
There is a trademark opposition period of 120 days which begins from the date of publication. During this period any interested third party can raise their objection to the trademark application. The third-party can raise objection citing conflicts of interests or potential similarity with other trademarks that are already registered. However, the third parties should register their objection within the 120-day period and any extension of the opposition period is not allowed.

Fee For Trademark Registration Services in Oman

• The application fee for the registration of a trademark: 50 OMR 
• The application fee for this publication: 140 OMR 
• Issuance of a certificate of registration: 50 OMR

Legacy Partners has a team of highly experienced trademark agents who are well-versed in Oman Trademark Law. Foreigners can register their trademarks in Oman only through qualified trademark agents. Legacy partners offers services including trademark search, trademark registration, trademark renewal etc.