English
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
The territorial limit of registration is Oman.
A power of attorney is required. It must be legalized in the Omani consulate.
- Pre-filing use may demonstrate the mark’s acquired distinctiveness
- Pre-filing use may help overcome an opposition to a trademark application on the grounds of non-distinctiveness
Attack on the ground of non-use is available.
- words
- names
- devices
- certain three-dimensional shapes
- colors
- slogans (as long as they are not long enough to be protected under copyright)
- sounds
- smells (olfactory trademarks)
- trade dress/get-up
- holograms
- taste
- collective marks
- certification marks
- well-known marks
- service marks
Note: The goods’ basic composition such as scent, taste and other common characteristics are not considered as registrable. Contact Marcaria.com for more information.
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- descriptiveness
- distinctiveness
- conflict with prior registration
- morality provisions observed in Oman
- Publication
- application date
- application number
- mark
- goods/services
- name of applicant
- address of applicant
- Registration
- marks that are against moral standards or public order
- generic terms
- flags, names or symbols of nations, states, regions, or of international organizations
- marks not showing an acquired distinctiveness
- marks that are used primarily as geographic location names
- marks that are confusingly similar to a well-known mark in Oman
- bad faith and/or unfair competition
The Nice Classification System is effective in Oman.
The European Union Trade Mark, previously known as the Community Trade Mark, registration is not effective in Oman.
Priority application may be claimed if:
- the home country is a member of the Paris Convention
- the home application was filed within six months prior to the application in Oman
- Oman can be designated in an international registration
The trademark must be used for a period of three consecutive years. The amount of use must be on a commercial scale and must occur in Oman.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
It is legal to use an unregistered mark for any goods or services.
Registration is a requirement for establishing rights to a trademark. Oman follows the "first to file" rule.
The national office is not accessible online.
Neither actual use nor intent to use is a requirement for application.
The following can be grounds for opposition:
- proprietary rights
- trade names
- the mark is not distinctive
- the mark is deceptive, misleading or disparaging
- the mark is functional
- the mark is generic
- the mark is descriptive
- notorious or well-known mark
- the mark is a geographical indication
- protection of flags, armorial bearings and other State emblems
- registration in the name of the agent or representative of the mark’s proprietor
- the mark is against public policy or principles of morality
The following parties may oppose an application:
- any interested party
- the owner of an earlier right
The following can be grounds for cancellation:
- trade names
- proprietary rights
- notorious or well-known marks
- the mark is descriptive
- the mark is generic
- the mark is a geographical indication
- the mark is misleading, deceptive or disparaging
- the mark is not distinctive
- protection of flags, armorial bearings and other State emblems
- registration using an agent or representative
- the mark is contrary to public policy or principles of morality
- the mark was registered in bad faith
- the exclusive right to use the registered trademark
- the right to license other third parties to use the trademark
- the right to request for counterfeit goods bearing the mark to be seized by customs authorities
- the right to oppose later conflicting applications
- the right to request for a cancellation action against a later conflicting registration
- the right to file an infringement case against third parties for using a confusingly similar mark
- the right to receive compensation or damages for infringement
The opposition period begins on the date of publication of the trademark application.
The opposition period ends 90 days from the date of publication of the trademark application.
Oman is a member of the Madrid Protocol. However, the Madrid Agreement is not recognized in this jurisdiction.
Periodic statements of use are not required.
Subsequent renewals last for a period of 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
A power of attorney must be submitted in order to renew a trademark registration.
The grace period after the renewal date has expired is 6 months.