The current trademark regulations in Oman are mainly based on the Industrial Property Law, which came into effect on December 17, 2008. The Oman Trademark Office is responsible for managing trademark affairs and the official language is Arabic. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Oman trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use". Starting from July 31, 2017, Oman's current Trademark Law will be based on the "GCC" Trademark Law, which is the relevant unified management regulation issued by the Gulf Cooperation Council. Oman is a signatory to international intellectual property treaties such as the Trademark Law Treaty, Nairobi Convention, TRIPS Agreement, WIPO Convention, and Paris Convention. It has also joined the Madrid Protocol, so trademark registration can also be processed through the "Madrid International Registration" method.
The Oman trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of six months; The renewal is valid for 10 years.
At present, the Omani Trademark Office adopts the Nice Classification 11th edition for the description of goods and services. Alcoholic goods in categories 33 and 32, pork products in category 29, and Christmas trees and related goods in category 28 are not eligible for registration and do not accept applications for multiple categories. The elements that can be registered as trademarks in Oman include: text, name, graphics, three-dimensional identification, color combination, slogan, odor, appearance, taste, etc. The three-dimensional identification and color combination must meet specific requirements. If the applicant does not reside in Oman, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are: 1. Trademark design; 2. Specific product/service items; 3. Name and address of the applicant; 4. Power of attorney for notarization and authentication; 5.If priority is declared, priority proof documents and corresponding Arabic translations must be provided. The main process for applying for registration of an Oman trademark is: application, examination, announcement, approval, and issuance of a certificate. After about one week of application submission, the Oman Trademark Office will conduct formal and substantive examinations. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Once the review is approved, an announcement will be made, with a 60 day objection period from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are: 1. Conflict with prior trademarks, such as owning a prior registered trademark; 2. Trademarks are descriptive; 3. The trademark lacks distinctiveness; 4. The trademark has adverse effects; 5. Well known trademark; 6. Malicious registration; 7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc; 8. Common name; 9. Geographical indications; 10. Unauthorized use of logos; 11. Violating public order and good customs. If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. If everything goes smoothly, trademark registration in Oman will take about one year. If there are any objections or rejections encountered during the process, the time will be extended.
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