Middle East - JAH CO.IP

QATAR – Provides respite to design owners through copyright law


As JAH & CO. IP had reported earlier, the Qatari Trademarks, Commercial Indications, Trade Names, Geographical Indications, and Industrial Designs & Models Law no. 9 of 2002 was issued on June 8, 2002 and published in the Official Gazette coming into force on September 2002; however, the authorities have not yet established the necessary office for receiving design applications, nor have they drafted the implementing regulations yet.


In light of the above and as an alternative measure, protection was sought out by publishing cautionary notices at regular intervals in local newspapers. Though such publication is not effective as a registration and are not deposited with any government department they will help in defining the owner’s interest in industrial property, announcing the ownership thereto and alerting the public against any possible infringement and could be a legal value when submitted in court, in the event of infringement, thereby claiming ownership of the design and alerting third parties against further infringement.  There is no standing regulation as to when a cautionary notice should be republished.


Now, we would like to advise our associates and clients that the Legal Counsellor at the Intellectual Property confirmed that designs and models owners can obtain a legal protection of their designs and models through registration as a copyright under copyright law no. 7 of 2002 until the implementation regulations of the design law is issued and actual filin of designs is put into effect. The following are the requirements to file a design as a copy right in Qatar


• POA, legalized
• Name of designers
• Subject of the work
• 5 copies of the work
• Detailed specification of the work
• Written declaration of the ownership of the work
• Approval of the work by the competent department in the applicant’s country


IRAN – Incorporation of additional classes to existing registrations


It has been noticed recently that the Iranian Trademarks Registrar often requests applicants who file a separate application of additional classes of goods and services for existing registrations of the same mark to incorporate the additional classes into their previous registration. Therefore, it is recommended for any interested who have a registered mark in certain classes of goods/services and wishes subsequently to register the same trademark for different classes of goods/services to file a request for the addition of the concerned class of goods/services to the previous registration instead of a seeking a standalone registration. The request of addition of the classes to the previously registered registration mark will undergo substantive examination for absolute and relative grounds and publication in the official gazette for opposition purpose. In absence of any obstacle during examination and opposition, the recordal of additional class will be endorsed overleaf of the original registration certificate and it will enjoy the same protection term of the previous registration.


SYRIA – Reorganisation of  Intellectual Property cases


Please be advised that Syrian Ministry of Justice has recently announced that all IP related legal cases should be handled by the FIFTH Civil court of First Instance in lieu of the FIRST Commercial Court of First Instance. This Ministerial decision was stipulated on 24 February 2018 in order to organise  the back log and work load of legal cases being currently handled by courts in Syria. The FIFTH Civil court of First Instance will handle appeals against trademark registrar’s refusal decisions, oppositions against registration of trademarks, counter oppositions cases as well as infringement and cancellation actions.


For further information or clarification please write to us at info@jahcoip.com

JAH Update for Afghanistan, Oman and Yemen

AFGHANISTAN – Lump sum collection of filing and registration fee for trademarks


JAH & Co. IP would like to advise its associates and clients that as of January 2018 Afghani Patent & Trademark Office (APTO) has started to collect filing, classification and registration official fees at the time of filing and prior to substantive examination for absolute and relative grounds noting that registration fees are non-refundable in case of rejection or opposition. No changes have been introduced to the time of paying official publication fees which will be collected after examination and issuance of acceptance notification. The official notification can be referred to here.


OMAN – Adopting the latest edition (11) of Nice Classification


The Eleventh Edition of the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement (Nice Classification) has been officially adopted in the Oman, according to the Trademark Office at the Ministry of Commerce and Industry.


The Trademark Office is now ready to receive trademark applications for goods and services under the same edition of the classification.


Yemen – Evidentiary documents issued by Yemeni Chambers of Commerce proving prior use becomes critical ruling in opposition cases.


The Yemeni Trademark Registrar has stipulated that any opposition lodged against the registration of a published trademark application based on prior use, either party can submit an official notification from any of the Yemeni Chambers of Commerce evidencing use of the opposed trademark in the Yemeni market with all relevant information respective to use including date of first use, class number, statement of goods/services in respect of which trademark has been used and any other documents proving Legitimacy and prior use of trademark and description of the mark which will be sufficient for obtaining a ruling decision in favour of the party who has used the trademark beforehand. This comes in compliance with article no. 5 of Yemeni Trademark Law 23 of 2010.


For the Chambers of Commerce to issue an evidentiary use document they will nominate a committee to conduct a market search and investigation to conclude prior actual use based on evidences from the market. The official notification can be referred to here.


For further information or clarification please write to us at info@jahcoip.com

JAH Jurisdictional Update – Iraq & Angola


The Iraqi Trademark Register has issued a new stipulation to pay the publication fees of accepted trademarks within seven days from the notification of acceptance and failure to comply therewith will result in a penalty for late payment of publication fees of USD 42 per mark.


On a separate note the Iraqi Trademarks Registrar has started to issue official notifications for removal of old trademarks bearing the filing numbers of 51000 to 72000 (which are still pending) with a seven days time limit to re-file new trademark applications for the same trademark or the concerned old applications will be removed from the Trademark Register and considered as never existed.


Trademarks which will be re-filed as of now or within the seven days from notification will remain on trademark records until the newly re-filed trademarks are examined, as the examination process will be connected to the priority filing number of the old trademark.



Angolan PTO issued a notification as per document attached requesting all applicants or their attorneys of pending trademark applications numbered from 5001 to 20757 to present the following documents in order to update the files respective to these trademarks and complete their registration process within a non-extendable deadline ending on 20 December 2018:


  A copy of the official filing receipt or application as filed;
–  Power of Attorney translated into Portuguese language and dully legalized up to an Angolan Consulate

of the applicant’s country or in the nearest Consulate.
  Certificate of Incorporation or Commercial Register of applicant company, proving the company’s

commercial activity in its native country translated into Portuguese language and dully legalized up to

an Angolan Consulate of the applicant’s country or in the nearest Consulate..

–  Receipt of the granting fees and/or renewal payment;


In light of the above, in case the above numbered trademark files are not updated within the deadline set out above by presenting the requested documents, it will lead to their removal from Trademark Register according to the above official notification.


Trademarks that fall within these numbers 5001 – 20757 and have already been registered or refused are excluded from this updating process.


For further information please write to us at info@jahcoip.com

JAH Conferences – 2018

2018 has begun with a flurry of activity and we look forward to meeting our friends and colleagues; upcoming IP meetings which delegates of JAH will be attending are as follows :

Event Date Location
PTMG 96th Conference 19 – 20 March 2018 Porto – Portugal
CITMA Spring Conference 2018 21 – 23 March 2018 London – United Kingdom
INTA 140th Annual Meeting 19 – 23 May 2018 Seattle, Washington – USA
ECTA 37th Annual Conference


MARQUES 32nd Annual Conference


AIPPI World Congress

13 – 16 June 2018


18 – 21 September 2018


23 – 26 September 2018

Athens – Greece


Paris – France


Cancun – Mexico


Please let us know if you wish to arrange a meeting with us during any of the above events

10th Edition of Nice Classification in West Bank

JAH & Co. IP would like to inform its clients and associates that the Trademarks Authorities at the Ministry of National Economy in West Bank has officially adopted the tenth edition of the International Classification of Goods and Services for the purpose of the registration of trademarks under the nice agreement (Nice Classification). Accordingly, the Trademark Office is now ready to receive trademarks applications for goods and services under the 10th edition of the classification


For further information please write to us at info@jahcoip.com.