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Oman Trademarks - JAH CO.IP
Oman Trademarks

Trademark Requirements:

A power of attorney, with an Apostille certification. A general power may be used for subsequent filings.

A simple copy of the extract from the Commercial Register or certificate of incorporation of the applicant company.

A certified copy of the priority document (in case priority is to be claimed).

 

Time frame from filing a trade mark application up to registration, on average, in the case that no office action or oppositions are issued or lodged.

Filing up to Examination :4-6 month

Examination up to Publication : 4-6 month

Opposition Period : 3 month

End of Opposition Period up to Issuance of Registration Certificate : 2 month

Total Estimated Time Frame : 12-16 month

 

License Agreement Requirements:

A power of attorney from the licensee, with an Apostille certification.

A license agreement, with an Apostille certification.

A copy of certificate of incorporation of the licensee company or an extract of its entry in the commercial register or a good standing certificate including all relevant information.

Time frame needed for completing a registered user/license agreement from submitting the recordal application till issuance of the user/license agreement certificate.

Filing up to Examination : One month

Examination up to Publication :6 month

Total Estimated Time Frame till issuance of the user/license agreement certificate :8-12 month

 

Renewal Requirements:

A power of attorney, with an Apostille certification. A general power may be used for subsequent renewals.Grace period of 6 months is given.

Time frame from filing a trademark renewal application up till issuance of the renewal certificate

Filing up to Examination : One month

Examination up to Publication if exits : 3 month

Publication to Issuance of Renewal Certificate : 6-8 month

Total Estimated Time Frame : 6-8 month

 

Change of name and/or address:

A power of attorney in the new name and/ or address with an Apostille certification.

A certified copy of the certificate of change of name and/or address.

 

Time frame needed for completing a change of name and/or address recordal:

Filing up to Examination : One month

Total Estimated Time Frame :4 month

 

Assignment Requirements:

A power of attorney from the assignee, with an Apostille certification.

A deed of assignment, with an Apostille certification.

A copy of certificate of incorporation of the assignee company or an extract of its entry in the commercial register or a good standing certificate including all relevant information.

 

Time frame needed for completing the recordal of an assignment/merger recordal

Filing up to Examination : One month

Publication to Issuance of Certificate Recordal : 6 month

Total Estimated Time Frame : 8-12 month

 

Marketing Agency Agreement:

Marketing agency agreements between an Omani entity and foreign company have to be registered with the Department of Commercial Agencies, Ministry of industries and Commerce.

 

Marketing Agency Registration Requirements:

A power of attorney legalized up to an Omani consulate authorizing us to register the agency agreement.

A legalized copy of the agency agreement or contract executed between the principal and his agent.

A statement as to how the agent will carry out his obligations specified in the agreement.

A copy of the permit of establishing a foreign professional company.

A declaration from the individual merchant that there have been no conviction judgments against him that tarnish honor and good repute or bankruptcy, unless he retrieved his esteem.

 

Opposition proceedings:

Any interested person may, within the period of ninety (90) days and in the prescribed manner, give a notice to the Registrar of opposition, which shall be reasoned and in writing, to the registration of the mark on the grounds that one or more of the requirements of Sections 1 and 37(2) and the Regulations pertaining thereto are not fulfilled.  The Registrar shall publish a notice of the opposition in the Official Gazette and serve a copy of the opposition to the applicant who should be, within the period of ninety (90) days and in the prescribed manner, send to the Registrar a counter-statement of the grounds on which he relies for his application; if he does not do so, he shall be deemed to have abandoned the application.  If the applicant sends a counter-statement, the Registrar shall furnish a copy thereof to the person giving notice of opposition and after hearing the parties, if either or both wish to be heard, and considering the merits of the case, shall decide whether the mark should be registered.

 

Subject to the provisions of Article (98) of Trademarks law no. 67/2008 Law, the parties concerned shall be entitled to appeal registrar opposition decision before the civil competent court within 60 days from the communication of such a decision.

TIME FRAME :  Time frame required for preparing and filing an opposition or counterstatement with the Trademarks Office and follow up its proceedings till final settlement:

12-16 month

 

Cancellation of a Registered Trademark Based on Non-Use:

According to the Article No. 42 of the Omani Trademarks Law No. 67/2008 any interested party may file an application for cancelling a registered mark with the Trademarks Office (in respect of any or all the goods or services for which it is registered) if the concerned mark has not been used by the registered owner or a licensee during a continuous period of three years or longer. After the request for cancellation is submitted the Trademarks Office notifies the owner of the mark and requests them to reply to the cancellation application within 60 days from the notification date. This given period of sixty days period is extendable for one further month on the basis that the owner of the trademark files a request for the extension.  If, however, the owner did not reply to the cancellation application during the prescribed period, they will be deemed as abandoning the registration of the mark and as such the registrar will issue his decision for cancelling striking out the same from the Trademarks Register.

 

As for the use burden, the registrant of the mark will have to submit documents evidencing the use the mark in the Omani market. However, the trademarks Registrar will not remove the mark if it is shown that special circumstances prevented the use of the mark, such as import restrictions or other government or market impediments to commercialization, and that there was no intention not to use or to abandon the mark.

 

ADDITIONAL TIME FRAMES:

Time frame required for preparing and filing a lawsuit of any type such as infringement or cancellation action and follow up its proceedings till final settlement.

16- 18 month

Time frame required for filing an appeal with the trademarks registrar or court as applicable regarding an opposition action, counterstatement or rejection

3 month