Trademark in Oman |

Trademark in Oman

The brand of a company has a significant impact on its profitability. Brands that become well-known and profitable among consumers as a result, fuel market competitiveness. A brand’s popularity makes it easier for others to develop a competing brand, which could constitute infringement. The intricacy and significance of trademark registrations were prompted by such a contentious and political subject. By registering a trademark, a business can safeguard the owner’s legal rights to the products and services it offers. Additionally, it gives the trademark owner the right to file a lawsuit for any unauthorized use of their brand. The Omani trademark office is eager to welcome foreign nationals and investors who seek to conduct business in Oman and invite them to register their trademarks.

Overview

Since the Omani market has started to value innovation, this article will show how trademarks are often registered in Oman (both conceptually and practically) and how products may be recalled if their labeling and trademarks do not match their functions.

How do trademarks work?

A trademark is often a brand name that is applied to goods or services in commerce to set them apart from those of rival businesses. A trademark can be a name, a word or phrase, a signature, a letter, a figure, a picture, a word or phrase, a color, a slogan, a piece of software, a website, a form, or any combination of these.

A trademark class system: what is it?

In Oman, trademarks are registered using a "class" system. Different goods and services are covered by different trademark classes. In Oman, trademarks may be registered in 44 out of the 45 worldwide classes. Each class of a trademark must be registered through a separate application. You could find it useless and expensive to register your trademark in categories that have nothing to do with your products or services. Therefore, picking the right class is essential for the required protection and reducing unnecessary expenses. Al Raqeem assumes this duty when submitting your application.

What are the advantages of registering a trademark?

The following are the primary advantages of registering your trademark-
Guard your company's identity.
It safeguards you against competitors using same or similar marks
Guards you from being confused with rivals that operate in the same market but have a poor reputation.
It is also a valuable asset because it may be licensed, franchised, or sold.

A trademark's distinction from other intellectual property

An example of intellectual property is a trademark, which is frequently connected to brand names and logos. Other types of intellectual property that businesses may protect include-
Patents- These are used to protect novel ideas, inventions, techniques, and methodologies.
Copyrights- These are applied to written, visual, performing, musical, or computer software
Industrial Designs- These are used to add decoration, patterns, or shapes to manufactured goods.

Trademark Eligibility

A trademark or service mark registration is valid for 10 years from the date of filing, renewed for successive terms of 10 years. The law's provisions allow for a 6-month grace period before a late fee is assessed on a renewal application. Applications for renewal will be made public in the Official Gazette.

Process for applying for a Trademark

There are two procedures to register a trademark in Oman- The National Trademark Registration in Oman and the Madrid Protocol registration (World Wide Trademark Registration). If brand owners need to register their trademarks just in Oman, they should use the national trademark registration process. The Madrid System allows applicants who hold one or more trademarks in nations that are members of the Madrid Union to submit a single application to register such trademarks in Oman. Omani citizens and businesses are also eligible to file for trademark registration on a global scale.

Application filing An application must be submitted to the Department of Intellectual Property (IP Department) at the Ministry of Commerce and Industry in Oman in order to register a trademark there. Through Oman-based trademark lawyers, brand owners must submit their application to the IP Department. The trademark must be described in the application and must stand out from similar trademarks in terms of things like shape, color, etc.

Examining trademarks The IP department will analyze the mark on both absolute and relative grounds after the brand owner submits the application for trademark registration in Oman. The distinctiveness of the trademark as well as any potential violations of public morals will be assessed. The IP Department will provide its conclusion regarding whether to approve the trademark for publication, deny it, or request that the application be amended following the examination.

Publication & Opposition of Trademarks If the IP Department approves the trademark application, the applicant may subsequently submit the application to both the Official Gazette and a neighborhood daily newspaper. After the date of publication, there is a 120-day window for trademark opposition. Any interested third party may voice their opposition to the trademark application during this time. The third party may object, alleging potential conflicts of interest or similarities to other registered trademarks. The opposition period cannot be extended, and third parties must submit their objections within the 120-day window.

Renewal of a trademark

The protection provided by a trademark registration is granted under Omani trademark law for a term of ten years following the filing date of the registration application. Within six months of the registration expiring, the owner of the trademark has the option to renew the registration of the mark. The trademark office must remove the mark from the register if the six-month window has passed without the mark's owner filing a renewal application. In reality, though, the trademark office allows applicants more time than six months to renew their trademark before cancelling it. For instance, if a trademark's protection lapsed in 2015, the trademark office would allow the applicant to submit a renewal application, extending the brand's protection through 2025.

Documents necessary for Oman Trademark Registration

The following paperwork is needed to register a trademark with the Omani trademark office-
Power of attorney from the country of origin
Soft copy of the trademark that will be registered (Oman Embassy notarization required)
A replica of the company's certificate of incorporation
The applicant company's name and address
A summary of the Goods and Services and the Nice Classification
Arabic-language documentation must be presented in order to register a trademark in Oman. However, meeting these criteria is not a difficult chore because the application was submitted through the top trademark agents in Oman.

Why registering your trademark is important

Additionally, it is crucial to register your trademark abroad because doing so will make it simpler to oppose any prospective trademark infringement. It should be emphasized that established trademarks have flexibility under Omani trademark law. For instance, if a well-known trademark is not already registered in Oman and a rival wants to register a mark that is confusingly similar to it, the owner of the well-known trademark has the right to object to the proposed registration under the following conditions-
Demonstrates that the mark has been used in good faith for at least six months before the filing date or priority date, as appropriate;
Demonstrates that a clientele has been built and that clientele attributes some reputation to the mark; and
Demonstrates that the applicant has filed an application for registration of his or her own mark before notifying the registry of the opposition.
Additionally, it is crucial to register your trademark in order to safeguard your company against unfair competition and to make it simple to file complaints with the appropriate government in the event that someone else uses your brand without your permission. Additionally, because we are in an innovation-driven period, the market is oversaturated with goods, making it difficult to tell one person's offering apart from that of their rivals. Therefore, trademarks are a successful business communication tool to draw in clients.

FAQ

How much time will a trademark search take?
7 to 15 working days, approximately.

Is the international categorization used in your nation?
11th Nice Classification, indeed.

Can the mark not be registered for all products or services?
No, only goods and services falling within classes 1 to 45 of the Nice Classification are eligible for trademark registration in Oman.

Does the limitation of the protection to the designated items in any class, or does it extend additional protection to all the goods in the class?
According to a new rule that the Omani Trademark Office enacted in conjunction with the Madrid Protocol, every application's list of goods or services must be specific and comprehensive. It is not possible to include all items or all class headings in the trademark application.

Can an application be submitted without all of its supporting documentation? If so, when must the documents be filled out?
Within three months of the application filing date, the required documentation must be submitted.

May a single application include more than one category of products or services?
No. Applications should be submitted separately for each category of products and services.

How long is trademark protection in effect? What day is used to calculate it?
Ten years from the application filing date is the duration of a trademark's protection.

If marking is required, how should that marking be done?
No.

Can the original owner of a trademark dispute the registration of the mark if it is not renewed in a timely manner and is used by another business?
The Trademark Law states that if a trademark registration is not renewed by the owner, it will only be given to another party three years later.

What evidence is needed to update the official register to reflect the correct information if the trademark was originally filed incorrectly?
Up until the trademark is registered, no paperwork is needed for modifications.

Is use necessary either for initial registration or to keep the registration active?
No. However, if the mark is not used in commerce for three years following the date of registration, the Trademark Office may decide to cancel it, and if five years pass without use, the Commercial Court may decide to cancel the mark.

Is the protection for all the items covered by the registration maintained by use of the trademark on a single item?
Yes.

What is the opposition period and can the trademark application be opposed?
Within 60 days of the date of its publication in the Official Gazette, a trademark application may be contested.

What kinds of usage are necessary?
In Oman, you should either sell something or make an offer to buy it.

Can an application's assignment be recorded again?
Yes.

Is it required to record a license agreement? What effects does non-recordable have?
A license agreement may not be legally binding on third parties unless it is recorded, however doing so is strongly advised.

Can recordables be made against outstanding applications, such as changes to name, address, mergers, assignments, licenses, etc.?
No. If an application is still pending, the applicant's name, residence, etc., may be changed by submitting the necessary paperwork.

Is it possible to make assignments with or without the Goodwill Index? What financial factor is to be specified as the assignment's value? Exists a tax depending on the aforementioned value?
An assignment may be recorded with or without goodwill. One can specify a small sum of money as the consideration, like $1.00. Based on the value provided, there is no tax.

Our Blog

Overview
How do trademarks work?
A trademark class system: what is it?
What are the advantages of registering a trademark?
A trademark’s distinction from other intellectual property
Trademark Eligibility
Process for applying for a Trademark
Renewal of a trademark
Documents necessary for Oman Trademark Registration
Why registering your trademark is important
FAQ
Blog