Summary
Oman is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Oman. A separate application should be filed with respect to each class of goods or services.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 180 working days from first filing to registration for a straight forward case. Before registration, the trademark application is published in the Gazette and in a local newspaper. The national opposition period is 90 days from the date of the publication in the Official Gazette.
The duration of a trademark or service mark registration is for 10 years from the filing date renewable for similar periods of 10 years each. According to the provisions of the law, a grace period of 6 months is allowed for filing a renewal application with a lateness fine. Renewal application(s) will be published in the Official Gazette. In Oman is not compulsory the use of trademarks in for filing applications or for maintaining trademark registrations in force.
Unauthorized use of a trademark registered under the law, an imitation of such trademark applied on goods or in relation with services of the same class, sale, storing for the purpose of sale, or exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law.
Requirements
Filing applications
1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. A certified copy of the certificate of incorporation of the applicant company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
3. Fifteen Prints of the trademark.
4. A list of the goods and services to be covered by the application.
5. If priority is claimed, a certified copy of the priority document should be submitted to the Trademark Office in Oman within three months as of the filing date of the application.
Collective Mark Applications
1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. A certified copy of the certificate of incorporation of the applicant company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
3. The prints of all marks should be on one sheet.
4. A certified copy of the priority document must be submitted, in case it is claimed within three months as of the filing date of the application.
Quality Control Mark Applications
1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. Prints of the trademark.
3. A certified copy of the priority document must be submitted, in case it is claimed within three months as of the filing date of the application.
4. Two official copies of the institution or association statute, which is requesting for registration, mentioning the introduced amendments.
5. Two copies of the system followed by the applicant to control or inspect products mentioning the conditions required to be available and how to use the trademark on it.
Renewal of Trademark/Service Mark Registrations
1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. The trademark number and class.
3. The list of goods and services at the time of renewing of a trademark.
Assignment Applications
1. A Power of Attorney notarized and legalized up to the Consulate of Oman by the assignee.
2. A legalized deed of assignment executed by the assignor and the assignee.
3. A certified copy of the certificate of incorporation of the assignee company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
Merger Applications/License Applications
1. A Power of Attorney legalized up to the Consulate of Oman.
2. A legalized certificate of merger or license agreement. The license agreement should indicate the trademark registration number in Oman.
3. A certified copy of the certificate of incorporation of the licensee company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
Change of Name Applications
1. A legalized Power of Attorney showing the new name and address.
2. A certified copy of the certificate of change of name.
Change of Address Applications
A certified copy of the certificate of change of address.
Agency Agreements
1. A Power of Attorney legalized up to the Consulate of Oman.
2. An Agency Agreement/Contract executed by the Principal and the Agent, legalized up to the Consulate of Oman.
3. A statement as to how the agent will carry out his obligations.
4. A copy of the permit of establishing a foreign professional company.
5. A declaration from the individual merchant that there have been no conviction judgments against him that tarnish honor and good repute or bankruptcy.
6. Any document or documents required in the implementation of any other law.
