Essential Steps for Trademark Registration in Oman

Located in a prime location on the Arabian Peninsula, Oman serves as an important trade hub between East Asia, the Middle East, and Africa. Modern seaports and international airports help connect Oman with major markets around the world. Oman’s economy depends mainly on oil and natural gas, accounting for more than 50% of GDP, 85% of export values and 80% of budget revenues. Oman is the 25th largest oil producer in the world and possesses the 22nd largest natural gas reserves. Tourism is the fastest growing sector in Oman, with enormous potential thanks to its rich cultural heritage, impressive natural landscapes and modern tourism infrastructure. Oman is currently investing heavily in building infrastructure such as roads, highways, seaports, airports, telecommunications networks,… Create favorable conditions for trade, transportation and investment attraction. Oman is trying to diversify its economy, reducing its dependence on oil by developing other industries such as tourism, services, manufacturing,… Enterprises when expanding their business scope in Oman should pay attention to trademark registration procedures to distinguish their brand from other competitors. Viet An Law would like to guide customers preliminarily through the procedures for trademark registration in Oman through the article below.

Legal basis

• Law on Industrial Property (promulgated by Royal Decree No. 67/2008);
• Royal Decree No. 33/2017 on the Ratification of the Trademark Law of the Gulf Arab States Cooperation Council

Definition of trademark in Oman

• Trademarks can be represented visually: A trademark should be something that can be visually described clearly and accurately. This can include letters, symbols, designs, logos, shapes, colors, or combinations of these elements.
• Distinguish goods and services: The primary purpose of a trademark is to distinguish goods or services provided by one entity from goods or services provided by another entity. Trademarks help consumers identify the origin and provenance of a product or service.

Conditions for trademark registration in Oman

Uniqueness: The trademark must be able to distinguish the applicant’s goods or services from those of other businesses. This means that it cannot be a generic term, descriptive word, or something that is already commonly used for those products. The trademark must be unique and have a number of inherent distinctive characteristics.

Legal: Trademarks must not be offensive, immoral, or violate public order or religious beliefs. It is also not allowed to infringe existing trademarks or other intellectual property rights.

Non-deceptive: A trademark must not mislead consumers about the nature, quality, or origin of goods or services.

Pictorial: The trademark should be something that can be clearly described visually. This includes letters, logos, shapes, colors, symbols, or a combination of these elements. It must be something that is fileable and visually inspected by the Intellectual Property Office.

Types of trademarks that can be registered in Oman

Letter marks: This is the most common type consisting of words, letters, or numbers. These can be brand names, slogans, or even made up words.

Logos and Designs: These are visual representations of the applicant’s brand, including logos, symbols, shapes, or even symbols.

Trademark combination: This type combines lettering and logo marks or designs. This allows for a more inclusive brand identity.

Sounds: Although less common, unique and identifiable sounds associated with the applicant’s trademark can also be registered as trademarks (think MGM lion roar).

Collective mark: This type is used by an association of entities to identify goods or services derived from its members.

Certification mark: This type certifies certain characteristics of goods or services, such as quality or origin, but is not owned by the manufacturer.

Trademark registration documents in Oman

Applicant Information:

• Applicant name and address: The legal name and full contact information of the applicant, including phone number and email.
• Type of applicant: Indicates whether the applicant is an individual, company, or other legal entity. (Examples: Sole Proprietorship, Partnership, etc.)

Trademark Information:

• Images that represent trademarks: These can be image files (JPEG, PNG) or a clear and detailed description of the trademark (lettering, logo, design, etc.).
• Group of goods and services: A clear and specific list of the goods or services the applicant intends to use the trademark. Applicants can use the International Classification of Goods and Services (also called the Nice Classification for goods and the Vienna Classification for services) for ease of reference. These classification systems classify products and services, making it easier for the Trademark Office to review an applicant’s application.

Statement of Use (Optional): If the applicant has already started using the trademark in Oman, the applicant may submit a statement of use with evidence (e.g. product packaging, marketing materials) to potentially expedite the registration process.

Authorization (Optional): If an applicant uses an attorney or intellectual property representative to file an application, the petitioner may need an Authorization that allows them to file on the applicant’s behalf. Authorization should be legalized by the Consulate of Oman

Trademark registration fee in Oman

Collective Trademark

How to file for trademark registration in Oman

To file for trademark protection in Oman, you can apply by the following filing methods:

• Direct submission: You can go directly to the National Intellectual Property Office of the Ministry of Trade, Industry and Investment Promotion at P.O. Box 550 Postal code No. 100 Muscat Sultanate of Oman to submit the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the National Intellectual Property Office, Ministry of Trade, Industry and Investment Promotion, P.O. Box 550 Postal code, No. 100 Muscat Sultanate of Oman.

Registration of trademark protection in Oman through the Madrid System

The Madrid system is a convenient and cost-effective solution for global trademark registration and management. File a single international trademark application and pay a one-time fee to apply for protection in up to 130 countries. Claimants can modify, renew or expand their global trademark portfolio through a centralized system.

Madrid Agreement:

• The Madrid Agreement allows trademark owners to register their trademarks in a single member state (“country of origin”) and then extend protection to other member states (“nominating countries”) through a single international application.

Madrid Protocol:

• Oman acceded to the Madrid Protocol on 16 October 2007.
• The Madrid Protocol modernizes and simplifies the international registration system of trademarks established under the Madrid Agreement.
• The Madrid Protocol allows trademark owners to designate additional member states to an international application already filed under the Madrid Agreement or Madrid Protocol.

Trademark registration dossier under the Madrid System

The Madrid Singles consist of the Madrid Singles of Vietnamese origin and the Madrid Applications with Omani designations.

For the Madrid Application of Vietnamese origin, the applicant must submit through the state management agency for industrial property rights, i.e. the National Office of Intellectual Property of Vietnam. According to Article 25 of Decree 65/2023/ND-CP, a Madrid application of Vietnamese origin includes the following documents:

• Declaration of request for international registration of a trademark of Vietnamese origin (Form No. 01 in Vietnamese in Appendix II of Decree 65/2023/ND-CP);
• 02 MM2 declarations according to the form of the International Office in English or French;
• 02 trademark samples exactly as the trademark in the application filed in Vietnam (establishment application) or trademark registration certificate (establishment registration);
• 02 MM18 declarations in English (if the application has a US designation);
• Written authorization in Vietnamese (According to the form of Viet An Law Firm);
• Documents of payment of fees for international registration of trademarks of Vietnamese origin;
• Other relevant documents (if necessary).

Application fees through the Madrid System

The fees include:

• Basic fee (653 Swiss francs; or 903 Swiss francs for a color mark) (Note! A 90% discount applies if the applicant lodges an application with the Intellectual Property Office of a developing country at least); and

Additional fees depend on where the claimant wishes to protect his trademark and the number of groups of goods and services he or she wishes to register. In order to expand its geographic reach, or modify or renew its international registration, the applicant will have to pay additional fees.

Trademark registration service in Oman of Viet An Law Firm

• Carry out the search and notify customers in writing the results of trademark search in Oman;
• Draft the dossier and directly file and monitor the status of the trademark application filing on behalf of the trademark owner in Oman;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Oman;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Oman.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to apply for trademark application, please contact Viet An Law for the most effective support.