FAQ

T1: How long will it take to conduct a trademark search?
Normally, it takes 7 to 10 days by the Trademark Office to issue the search results. But rarely it takes 2 weeks and sometimes we get the result within 3 days upon personal request.

T2: Does your country use the international classification?
Yes, Qatar follows international classification of goods and services.

T3: Are there any goods or services for which the mark can not be registered?
Yes, goods in class 33 and alcoholic beverages in class 32 are not permitted to register as per Qatari Trademark Law.

T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
Normally protection is granted only for those goods specified in the application. It is possible to claim "all goods included in the class" for those classes which are granted entirely. Classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31 are not entirely granted by the Qatar Trademark Law.

T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ? If so, what are its requirements?
No, as per Qatari Trademark Law it is not allowed to registrar a trademark in the name of more than one applicant.

T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
As per new practice of Qatar Trademark Office, supporting documents should be accompanied with new applications as late filing of documents is not acceptable unless a priority with short period deadline is to be claimed.

T7: Can one application cover more than one class of goods/services?
No, multiclass applications are not permitted by Qatari Trademark Law. Each class of goods or services are considered to be an independent application.

T8: May priority be claimed under the Paris Convention?
Yes, it is possible to claim priority under Paris Convention.

T9: What is the term of protection of a trademark? From what date is it calculated?
Protection term for registration and renewals are 10 years. (It is calculated from the filing date).

T10: Is marking compulsory and, if so, how should marking be made?
There are no provisions in the Qatari Trademark Law that organize trademark indications in our country. In general, the sign ® is used to indicate that the mark is a registered trademark, whereas the sign ™ is used to give an indication to a trademark.

T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes, original owner can oppose the registration of the trademark which is lapsed due to non renewal. However, his opposition cannot be on the basis of lapsed registration.

T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
Amendment of the form of trademark is permitted if the amendment is slight and not changing the substantial form of original mark and no certificate is required for such an amendment. Only a specimen of the new form of the mark is sufficient.

T13: Is use required before registration or for maintaining the registration in force?
Use of trademark is not compulsory for filing applications or for maintaining trademark registrations in force ; but lack of use could subject the trademark to cancellation from 3 rd parties.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
No, use of the trademark on one item is not sufficient to maintain the protection for all the goods covered by the registration.

T15: What are the types of use required?
Normally, presence of goods in the market is considered as use in our country. However, publication and advertisements may be used for argumentation for litigation.

T16: Can the assignment of an application be recorded?
According to the Qatari Trademark Law it is not allowed to record an assignment for pending applications. An assignment recordal can only be effected for registered trademarks.

T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
The recording of the license agreement is not compulsory, but highly recommendable in order to validate the use of the mark. Non recordal of license agreements may create difficulties in legal cases when trying to prove ownership.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
According to the Qatari Trademark Law it is not allowed to record a change of name, address, merger, assignment, license etc. for pending applications. An assignment recordal can only be effected for registered trademarks. (It is possible onlu for change of address ir change of name).

T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
Assignment can be recorded with or without goodwill. A consideration should be stated in the deed of assignment. The amount can be any nominal figure; say US$ 1.

T20: Can the trademark application be opposed and what is the opposition period?
Yes, any interested party can file an opposition against a trademark application. Time limit for opposition is 4 months from the date of the publication.

Address:

Abu-Ghazaleh Intellectual Property T M P Agents Crown Plaza Doha Business Park Building E, 5th Floor Airport Road

P.O. Box: 2620 Doha – Qatar
Telephone: +974 44416455
Fax: +974 44425687
Email: qatar@agip.com
Contact: Sami Younis (Mr)

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