Businesses that eye high profitability gives great importance to branding as their profitability is highly dependent upon the success of the brands. However, the more successful the brand becomes the likelihood of potential infringements spikes leading to a dent in the profits. And that is the precise reason why the companies insist on investing heavily in protecting their Intellectual Property assets such as trademarks and copyrights in a growing business destination like the Sultanate of Oman. Trademark registration in Oman ensures that a company or individual’s Intellectual Property assets such as brand name, logo, designs, etc. are protected from potential infringers and counterfeiters.
Laws Governing the Process of Trademark Registration in Oman
The trademark registration Oman is governed by the Law of Industrial Property Rights, enacted under Royal Decree No. 67/2008, the IP Law. Oman had ratified the GCC Trademark Law in accordance with the Royal Decree No. 33/2017 but since no implementing regulations were enacted the GCC Law has not yet superseded the existing IP Laws.
What Constitutes a Trademark as per the Governing IP Laws in Oman?
The Trademark Law in Oman defines the trademarks as any marks that have distinctive form including names, words, signatures, characters, symbols, numbers, titles, seals, drawings, images, engravings, packaging, figurative elements, shapes and/or a colour or a mixture of colours, or any other sign or group of signs used or intended to be used to distinguish goods or services of one entity from the goods or services of another.
However, before initiating the trademark registration in Oman the brand owners should ensure that the mark doesn’t violate the public moral or public order. Also, the brand owners are not allowed to register a trademark in Oman that contains words such as ‘discounted’. The Trademark Office bars the use of the word discounted because as per the Oman law a shop can’t be discounted for an entire year.
Process of Filing an Application for Trademark Registration in Oman
The Two Methods of Trademark Registration in Oman
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.
a) Filing of Application
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.
b) Trademark 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.
c) Trademark Publication & Opposition
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. 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.
Renewal of Trademark Registration in Oman
As per the IP laws in Oman, a registered trademark gets protection for 10 years from the date of filing the trademark registration application. The trademark owner can apply for renewing the trademark registration in Oman six months from the date of the expiry of the trademark. If the trademark expires and the owner fails to renew the mark within six months period then the trademark office will strike the mark off the registry.
Trademark Registration Fees in Oman
Documents Required for Trademark Registration in Oman
The documents required for registering trademarks at the Omani trademark office are as follows:
- Soft Copy of the trademark to be registered
- Power of Attorney form the country of origin (Should be notarized by Oman Embassy)
- Copy of Certificate of Incorporation of the Company
- Name and Address of the Applicant Company
- A description of Goods and Services along with the Nice Classification
The documents for trademark registration in Oman should be submitted in Arabic. However, since the application is filed through the best trademark agents in Oman this requirement is not a tough task to achieve.
Trademark Agents in Oman | Jitendra Intellectual Property
The Sultanate of Oman has implemented strong laws to protect the Intellectual Property rights of brand owners. Being a highly developed business destination, the brands need to face tough competition in the Sultanate, which calls the need for protecting the brands, logos, and designs. Protecting the trademarks through registration empowers the brand owners to ward off the unfair competition in the market. However, to register the trademark in compliance with the trademark laws, the brand owners need the professional assistance of the best trademark agents in Oman.
Jitendra Intellectual Property (JIP) is a full-service Intellectual Property service firm in Oman with years of experience in assisting the companies registering the brands. JIP has a team of highly qualified trademark agents who have assisted thousands of clients in registering their trademarks in Oman and other GCC countries. JIP’s trademark services in Oman include trademark search, IP watch, trademark registration, trademark renewal, etc. By hiring the trademark services of JIP, the brand owners can secure their Intellectual Property assets across the GCC.
Why Choose Trademark Registration Services by Jitendra Intellectual Property?
Jitendra Intellectual Property (JIP) is a full-service IP firm established in 2001. JIP’s team of trademark agents in Oman can assist you by offering the following Services:
- Advise on the registration through search report, selection and retention of trademarks
- Prepare and prosecute trademark applications
- Advise on the registration in relevant trademark classes based on the type of business
- Handle trademark rights maintenance including payment of renewal fees
- Record amendments to a trademark including change of name, change of address, assignment merger, mortgage, licensing and franchising of rights
- Provide an on-going watch service to monitor the relevant jurisdictions for acts of trademark infringement
- Provide market investigations to detect potential acts of counterfeit and piracy
- Amendment in Registered Trademark
- Renewal of a registered trademark
- Recordal of change of assignment (change of ownership)
- Cancel or oppose the grant of registrations before national offices