Summary
Qatar follows the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement, yet classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31 are not granted entirely under the trademark law. Products covered by class 33 and alcoholic drinks and beverages in class 32 are not registrable. The law has been amended so that a separate application should be filed with respect to each class of goods or services.
The prints of a trademark originally in colors can be submitted in black and white, but should specify the colors to be claimed.
The application is filed at the Trademark Office. A separate application has to be filed for each class. Only tradesmen can apply for trademarks. Foreign applicants need a local agent. The application process includes a formal and substantive examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use or if there is a registration in a foreign country following a substantial examination system. The processing time from first filing to registration is approx. 12 to 14 months. Before registration, the trademark application is published in the Trademark Journal. The opposition period is 4 months from date of the publication. Opposition cases should be settled by the Trademarks Registrar which can be appealed before the civil court by any party.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years. There is a 6 month grace period within which a late renewal application can be filed, but such a late renewal application is subject to payment of additional fees.
If the trademark has not been used seriously within 5 years from issue of the date of registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation by any interested party through the civil court, unless the owner of the mark submits a justification for none-use. The cancellation action for non-use of a registered trademark cannot be accepted unless the owner of a trademark is given a one-month notice that his trademark is subject to cancellation for non-use.
Requirements:
Filing applications:
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.
2. A simple copy of the certificate of incorporation of the applicant company, or an extract of the entry of the applicant in the commercial register.
3. Five prints of the trademark.
4. A list of the goods to be covered by the application. The protection of the class cannot include all goods and services for classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31, as they are not entirely granted by the trademark law; one item must always be excluded from these classes. Products covered by class 33 and "alcoholic drinks and beverages" in class 32 are not registrable.
5. The name, address, nationality, activity and legal status of the applicant and the nature of its business.
6. A copy of the priority document, in case priority is claimed.
Collective Mark Applications
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.
2. A simple copy of the certificate of incorporation of the applicant company, or an extract of the entry of the applicant in the commercial register.
3. Five prints of the trademark.
4. A list of the goods to be covered by the application. The protection of the class cannot include all goods and services; one item must always be excluded.
5. The name, address, nationality, activity and legal status of the applicant and the nature of its business.
6. A copy of the priority document, in case priority is claimed.
Renewal of Trademark/Service Mark Registrations
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.
2. The name, address, activity and nationality of the applicant and the nature of its business.
3. The trademark number.
Assignment Applications
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate by the assignee.
2. A deed of assignment signed by both parties, authenticated and legalized up to the Consulate of Qatar.
3. A simple copy of the certificate of incorporation, or an extract of the entry of the assignee company in the commercial register.
Registered User/License Agreement Applications
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate by the Licensee.
2. An authenticated license agreement in writing signed by the parties thereto and duly legalized up to the Qatari Consulate.
3. A simple copy of the certificate of incorporation, or an extract of the entry of the registered user company in the commercial register.
Change of Name/Address Applications
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate in the new name and/or address.
2. A certificate proving the change of name or address.
Amendment of Trademark Applications
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate and stamped with the company's seal.
2. An authenticated certificate showing the amendment.
Agency Agreements
1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.
2. An Agency Agreement executed by the Principal and the Agent, legalized up to the Qatari Consulate including:
a. Names and nationalities of the agent and the principal.
b. Goods, products and services, which are nominated in the Agency contract.
c. Rights and liabilities of the Agent and the Principal, and the Principal's responsibility towards his Agent's obligations with clarifying the proportion of profit or commission.
