Intellectual Property
Royal Decree No. 33 of 2017 promulgated the Law of Trademark for GCC States. Noting that the Royal Decree No. 67 of 2008 promulgating the law on Industrial Property Rights and the Ministerial Decision No. 105 of 2008, promulgating the Implementing regulation of the Industrial Property Rights are applicable for any issues not addressed under the GCC Trademarks Law.
Oman is member to the Madrid system as well as the Paris Convention.
It is not necessary to have a physical presence in Oman, and foreign companies may register trademarks in Oman.
It is not mandatory; however it is preferred to conduct a trademark search to ascertain that no similar or identical trademark exists in the registry.
Is it possible to register a trademark in the name of an individual or a corporate entity and if so, what specific documents are needed?
The trademark must be registered under the name of a corporate entity. The documents that are required are power of attorney, trade licence, List of goods and a picture of the trademark.
Depending on the nature of the trademark and how it is used, it may be recommended to register variation of the trademark to obtain wider protection.
Is it possible to designate more than one class of goods or services in a trademark application?
While the Trademarks Law allow for the possibility of accepting multi classes in a single application, this is not available in practice, and Oman still adopts single class application.
A trademark application is submitted to the registrar at the Trademarks Office at the Ministry of Commerce, Industry and Investment Promotion. The application will then be examined on absolute and relative grounds. If the trademark is accepted, it will proceed to publication in the official gazette and in local magazine. If no opposition is filed by any third party, the application will proceed to registration and a registration certificate is issued.
If a trademark application is opposed, the Registrar at the Trademark Office notifies the applicant of the opposition. The applicant has 60 days (from the day of notification) to respond to the opposition, failure to respond to the opposition will result in the application considered as abandoned. Once the applicant responds to the opposition, the Trademark Office notifies the opponent who will have a chance to respond further within 30 days of being notified. The Trademark Office then examines all the submissions and issues a decision to the opposition.
According to Trademarks Law, trademark infringement is a crime that is punishable by imprisonment for a period not less than one month and not exceeding three years and/or fine not less than OMR 500 and not exceeding OMR 100,000. In addition to compensation for any damage occurred due to the infringement.
Royal Decree No. 65 of 2008: Promulgating the Law on Copyright and Neighbouring Rights. And ministerial decision No.105 of 2007 promulgating the implementing regulation of individual property rights.
Books, booklets, articles, pamphlets and other written works.
Computer programs and databases whether readable from the computer or other.
Works that are orally recited such as lectures, speeches, discussions and other oral works.
Dramatic, musical and choreographic works, silent shows (pantomimes) and other works made for acting performance.
Musical compositions with or without words.
Audio-visual works.
Works of drawing, painting, architecture, sculpture, lithography, printing on fabric, wood or metals, and any similar works in fine arts.
Photographic works and similar.
Works of applied and plastic arts either handcrafted or industrial.
Illustrations, geographical maps, plans, sketches, and three-dimensional works related to geography, topography, or architecture.
No registration is required. However, the registration is helpful as a proof of ownership in case of enforcement.
Infringement of copyright is a punishable crime; the penalties are imprisonment for a minimum of three months up to a maximum of three years; and /or fines of a minimum of OMR 2000 up to a maximum of OMR 10,000. In addition, to compensation for any damages occurred due to the infringement.
