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Oman

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INTRODUCTION

Oman, a nation on the Arabian Peninsula with terrain encompassing desert, riverbed oases and long coastlines on the Persian (Arabian) Gulf, Gulf of Oman and Arabian Sea is a member of World Intellectual Property Organization from February 19, 1997, World Trade Organization from November 9, 2000, Gulf Cooperation Council (GCC). The Paris Convention as revised to enter into force, with respect to the Sultanate of Oman, on July 14, 1999 the Sultanate of Oman become a member of the International Union for the Protection of Industrial Property ("Paris Union"), founded by the Paris Convention.

Intellectual property legislation includes Law No. Royal Decree No. 38/2000 on Trademarks, Geographical Indications law No. Royal Decree No. 40/2000, Industrial Design Law No. Royal Decree No. 39/2000, Royal Decree No. 37/2000 on Protection of Copyright and Related Rights.

Intellectual Property matters are administered by the Industrial Property Office which is under the supervision of the Ministry of Economy and Commerce.

AFFILIATIONS

Bodies: World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC)


Conventions: Berne Convention, Brussels Convention, Nairobi Treaty, Paris Convention, Patent Law Treaty, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Hague Agreement, Madrid Protocol, Patent Cooperation Treaty, GCC Patent Law, Apostille Convention, The International Union for the Protection of New Varieties of Plants.

Country Information

Capital and largest city: Muscat
Official languages: Arabic
Government: Unitary parliamentary absolute monarchy
Currency: Omani Riyal – (Rate 1 OMR = 2.60$ as on January 2018)
MORE ABOUT TRADEMARKS IN OMAN

LAWS

Oman Trademark Law      Download

IP Matters in Oman are handled by Oman Patent and Trademark office which is administered by Ministry of Commerce and Industry, Directorate General of Commerce

FOLLOWING INDICATIONS MAY BE USED AS TRADEMARKS IN OMAN:

  • Word marks

  • Signatures

  • Letters

  • Numbers

  • Drawings, Pictorial Elements

  • Sign Boards

  • Stamps, Seals

  • Colours and combinations of colours.

  • Engravings

  • Names

  • Phrases

  • Symbols

  • Devices

  • Slogans

  • Packaging

  • Designs

  • Combination of all of the above

CLASSIFICATION

10th edition – multiclass application

TRADEMARK SUMMARY

  • Multi-class filing system is applied

  • Accepted marks are published in the official gazette and 1 local Arabic newspaper

  • Opposition period is 60 days from the date of publication

  • The assignment of a trademark or service mark can be recorded once the mark is registered in the country.

  • 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.

PROTECTION TERM

  • 10 years from filing date and renewable for like periods

  • Trademark could be renewed anytime during the last 12 months of the protection period

  • A grace period of 6 months from the date of expiry is allowed, but with the penalty

  • After the renewal action is recorded in the TMO records, it is published in the Official Gazette.

RIGHTS OF TRADEMARK OWNERS

Trademarks may be:

  • Transferred in whole or in part with or without compensation

  • Inherited

  • Assigned and licensed.

  • Mortgaged and creditors may seize such trademarks belonging to their debtors.

  • Licensed to natural or legal persons

  • Prevented from unauthorized usage by third parties

  • The subject of appropriate redressal from a court of law upon infringement

TRADEMARK USAGE IN OMAN

It is not compulsory to use the mark for filing applications or maintaining the registration in force. Non-use continuously for 5 years post registration would make the mark vulnerable for cancellation.

Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods and services of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods and services bearing a counterfeited 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.

REQUISITES FOR TRADEMARK’S SERVICES

Trademark Filing Requirements

  • A Power of Attorney duly legalized up to the Consulate of Oman.

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

  • If priority is claimed, a certified copy of the priority document should be submitted to the Trademark Office in Oman within three months as of the filing date of the application..

Collective Mark Applications

  • A Power of Attorney duly legalized up to the Consulate of Oman.

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

  • A certified copy of the priority document must be submitted, in case it is claimed within three months as of the filing date of the application.

Assignment Applications

  • A Power of Attorney notarized and legalized up to the Consulate of Oman by the assignee.

  • A legalized deed of assignment executed by the assignor and the assignee.

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

Merger Applications/License Applications

  • A Power of Attorney legalized up to the Consulate of Oman.

  • A legalized certificate of merger or license agreement. The license agreement should indicate the trademark registration number in Oman.

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

Renewal of Trademark/Service Mark Registrations

  • A Power of Attorney duly legalized up to the Consulate of Oman, if the marks were not registered earlier by Alpha or if we do not have the client’s POA.

  • The trademark number and class or just the scanned copy of the original registration certificate

Change of Name Applications

  • A legalized Power of Attorney showing the new name and address.

  • A certified copy of the certificate of change of name.

Change of Address Applications

  • A certified copy of the certificate of change of address.

Agency Agreements

  • A Power of Attorney legalized up to the Consulate of Oman.

  • An Agency Agreement/Contract executed by the Principal and the Agent, legalized up to the Consulate of Oman.

  • A statement as to how the agent will carry out his obligations.

  • 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.

  • Any document or documents required in the implementation of any other law.

PATENT INTRODUCTION & REQUIREMENTS

LAWS

Oman Patent Law      Download

PATENT SUMMARY

  • Patent applications and patents may be searched by title and patentee name

  • Any patent application filed under GCC Patent Law is completely valid in Oman

  • Patents are published in the Official Gazette after substantive examination and after grant

  • Opposition period is 120 days from the date of announcement. The patent is re-published after grant but no opposition period is provisioned then

PROTECTION TERM

  • 20 years from the international filing date

ANNUITIES

  • Due annually on the anniversary of the international filing date and payable prior to grant

  • Grace period of 6 months for late payment, but with the penalty

REQUIREMENTS

For Filing the Patent Application:

  • POA with Apostille certification

  • Copy of International Publication (with ISR if published)

  • 2 copies of the specifications in both English and Arabic

  • 2 sets of drawings in both English and Arabic

  • Assignment from inventors, with Apostille certification

  • Extract from the Commercial Register; or, Certificate of Good Standing, simple copy.

For Change of Name or Address:

  • Legalized POA, (If new name)

  • Extract from the commercial register or any other document evidencing this change duly legalized.

For Assignment:

  • POA with Apostille certification

  • Deed of assignment duly legalized

  • Extract from the commercial register of assignee

  • Separate POAs are required from assignee and assignor

Merger

  • POA with Apostille certification

COPYRIGHTS INTRODUCTION & REQUIREMENTS – OMAN

LAWS

Oman Copyrights Law      Download

The provisions to provide legal protection to the copyright- related issues have been incorporated in Oman in the shape of Royal Decree 65/2008 and the Royal Decree no. 37/2000. Oman is a member of the Berne Convention for the Protection of Literary and Artistic Works.

Copyright registration is possible for nationals and foreigners. The copyright law provides protection for original intellectual works of art in literature, science, arts and culture in general. The law provides protection irrespective of the value, type, manner of expression or purpose of the work. The author may assign the rights granted to him subject to prescribed terms and conditions.

DURATION

In general, the duration is the artist’s life with the addition of 50 years following the artist’s date of passing.

COPYRIGHT IS PROTECTED FOR;

  • Written works,

  • Phonographs and

  • Cinematographic films,

  • Theater and musical pieces,

  • Television and radio works for publication,

  • Paintings,

  • Maps and speeches

  • Sculpture and architecture,

INFRINGEMENTS & PENALTIES

Penalties include payment of fines of up to 2,000 Riyals (around 5,000 US Dollars), as well as legal prosecution resulting in a maximum of 2-year imprisonment terms.

REQUIREMENTS FOR FILING

  • Legalized POA

  • Name of author(s)

  • Copies of the work.

REQUIREMENTS

For Filing the Patent Application:

  • POA with Apostille certification

  • Copy of International Publication (with ISR if published)

  • 2 copies of the specifications in both English and Arabic

  • 2 sets of drawings in both English and Arabic

  • Assignment from inventors, with Apostille certification

  • Extract from the Commercial Register; or, Certificate of Good Standing, simple copy.

For Change of Name or Address:

  • Legalized POA, (If new name)

  • Extract from the commercial register or any other document evidencing this change duly legalized.

For Assignment:

  • POA with Apostille certification

  • Deed of assignment duly legalized

  • Extract from the commercial register of assignee

  • Separate POAs are required from assignee and assignor

Merger

  • POA with Apostille certification