FAQ

 T1: How long will it take to conduct a trademark search?
Approx. 4-5 working days to conduct a search.

T2: Does your country use the international classification?
Yes.

T3: Are there any goods or services for which the mark can not be registered?
No; marks can be registered in Oman for all goods and services under classes 1 to 45 of the Nice Classification without any exclusion.

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?
As per the new regulation implemented by the Omani trademark office in association with the Madrid protocol; the list of goods or/ and services of all applications should be in detailed and specific.

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.

T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?

POA shall be submitted within 2 months as from the filing date and the remain documents shall be submitted within 3 months.

T7: Can one application cover more than one class of goods/services?
No. Separate application should be filed for each Class of goods/services.

T8: May priority be claimed under the Paris Convention?
Yes.

T9: What is the term of protection of a trademark? From what date is it calculated?
Term of protection of a trademark is Ten years from the date of filing the application.

T10: Is marking compulsory and, if so, how should marking be made?
No.

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?
As per the Trademark Law, if a trademark registration is not renewed by the owner, the same mark will be allotted to another party only after a gap of three years.

T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
No documents are required for amending the trademark until its registration.

T13: Is use required before registration or for maintaining the registration in force?

No. However, the mark will be vulnerable to cancellation if it is not effectively used for three years from the date of registration.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Yes.

T15: What are the types of use required?
Sale or offering for sale, or should be dealt with in some manner in Oman.

T16: Can the assignment of an application be recorded?
Yes.

T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
Recording a license agreement is not compulsory, but highly recommended, as otherwise it will not have any legal effect vis-à-vis third parties.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
No. Applicant’s name, address, etc., can be amended in case of pending applications by submitting the appropriate documents.

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?
It is possible to record an assignment with or without goodwill. A nominal amount (of say US$ 1.00) can be mentioned as the consideration. There is no tax based on the value mentioned.

T20: Can the trademark application be opposed and what is the opposition period?

A trademark application can be opposed within 90 days as from the date of its publication in the Official Gazette

Address:

Al-Rumailah Building, 2nd Floor, Office 22, Watiyah, Muscat, Sultanate of Oman

P.O. Box: 2366 Ruwi, Postal Code 112, Muscat, Oman
Telephone: + 968-24563650 / 24565390 / 24560740 / 24560153
Fax: + 968-24566281
Email: oman@agip.com
Contact: Naji Taha (Mr)

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