Does having a registered trademark in Oman give me any right?
Registration is a requirement for establishing rights to a trademark. Oman follows the "first to file" rule.
What is the web address of the trademark national office?
The national office is not accessible online.
Is there any need to use my trademark before I apply for registration?
Neither actual use nor intent to use is a requirement for application.
Can a Trademark Application be opposed?
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
Who can contest my trademark application?
The following parties may oppose an application:
- any interested party
- the owner of an earlier right
Is it possible to cancel a registration?
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
Are there any rights established by having a registered trademark?
- 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
How long is the opposition period?
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.
Is Oman a member of the Madrid System?
Oman is a member of the Madrid Protocol. However, the Madrid Agreement is not recognized in this jurisdiction.
Do I need to present periodic statement of use?
Periodic statements of use are not required.
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