Oman: Summary of the Trademark Registration System in Oman

Oman became a member to the Paris Convention for the Protection of Industrial Property as of July 1, 1999. The international classification of goods and services is followed in Oman with the exception of class 33 covering alcoholic goods. A separate application should be filed with respect to each class of goods or services.

Once a trademark or a service mark application is filed, the mark is examined as to its registrability. The Registrar may object in writing to certain aspects of the mark in the course of examination, such as the scope of goods or services, or asks for modification of the mark. The trademark or service mark applications accepted for registration by the Registrar are published in the Official Gazette and once in a local daily newspaper.

Publication is an invitation to any interested party to oppose the registration of trademarks or service marks conflicting with its interests. An opposition to the registration of a trademark or service mark should be made within the term of the opposition period, i.e. two months from the date of publication of the notice 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 3 months is allowed for filing a renewal application with lateness fine. A renewal application is published once in the Official Gazette and in a daily newspaper.

The assignment of a trademark or service mark can be recorded once the mark is registered in the country. In fact, unless an assignment has been entered against a trademark or service mark in the register and published in the Official Gazette, the assignment shall not be effective vis-a-vis third parties. The assignment is possible only together with the goodwill of the business concern. The registrant of a trademark or service mark is also obliged to record any change in his name and/or address with the Trademark Registry.

Use of trademarks is not compulsory in Oman for filing applications nor for maintaining registrations in force. However, a trademark registration becomes vulnerable to cancellation by any interested party who can establish the fact that the trademark was not actually used for a period of five years in succession, unless the owner of the mark presents a reasonable excuse to justify his non-use of the mark. A trademark registration will be incontestable if it gains uninterrupted use for 5 years as of the registration date without any successful legal action against it during that period.

Unauthorized use of a trademark registered under the law, an imitation of such a 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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins