Trademark Registration in Oman: Process Simplified

19 Feb

Sherin Sheriyar | IP Attorney - Corporate IP lawyer

Trademark Registration in Oman: Process Simplified

Trademark protection in the Sultanate of Oman plays a vital role in safeguarding brand identity and commercial goodwill. Oman follows a registration-based (first-to-file) system, meaning rights arise from registration rather than prior use. This guide outlines the legal framework and practical steps involved in registering a trademark in Oman.

I. Legal Framework

Trademark law in Oman is governed by Articles 36–42 of the Industrial Property Law (Royal Decree 67/2008, as amended). Oman is also a member of key international treaties, including the Paris Convention and the Madrid Protocol. These international commitments ensure that Oman’s trademark regime aligns with globally recognised standards of protection.

II. Who Can Apply?

An application for trademark registration in Oman may be filed by an Omani national or a company duly registered in Oman. Foreign companies may also apply, provided the application is submitted through a locally registered trademark agent in Oman.

III. Step-by-Step Registration Process

Step 1: Preparing the Application

Before filing, the applicant must classify the relevant goods and services in accordance with the Nice Classification (11th Edition). Oman follows a single-class filing system, which requires separate applications for each class of goods or services.

The essential documents required for filing include a duly executed Power of Attorney in favour of the representative, the applicant’s certificate of incorporation or commercial register extract, a clear graphic representation of the trademark (whether a logo or word mark), a detailed list of goods and services covered by the application, and a priority document if priority is being claimed.

Conducting a comprehensive trademark availability search prior to filing is strongly recommended, as it helps identify potential conflicts and reduces the likelihood of objections or opposition.

Step 2: Filing the Application

Applications are filed before the Intellectual Property Department of the Ministry of Commerce, Industry and Investment Promotion (MOCIIP). The filing date is of critical importance, as it establishes priority against any subsequent applications filed for identical or similar marks.

Step 3: Examination

Following filing, the Registrar conducts a formal and substantive examination of the application to ensure compliance with statutory requirements. The examination process verifies that all formalities have been satisfied and that the mark is distinctive, not descriptive, and not confusingly similar to any previously registered or pending marks.

If objections are raised, the applicant is notified and granted a prescribed period to respond. Failure to address the objections within the stipulated timeframe may result in refusal of the application.

Step 4: Publication and Opposition

If the application is accepted, the trademark is published in the Official Gazette. From the date of publication, any interested third party may file a written opposition within ninety (90) days.

Upon receipt of an opposition, the applicant may submit a counter-statement within ninety (90) days from the date of notification. The Registrar will then review the submissions and issue a reasoned decision either accepting or rejecting the opposition.

Step 5: Registration and Certificate

If no opposition is filed, or if the opposition is rejected or decided in favour of the applicant, the trademark is entered into the Register upon payment of the prescribed registration fees. A Certificate of Registration is subsequently issued.

Registration confers exclusive statutory rights effective from the filing date. A registered trademark remains valid for ten (10) years from the filing date and may be renewed indefinitely for successive ten-year periods upon payment of the prescribed renewal fees.

IV. Timeline and Fees

The overall registration process typically takes between eight (8) and eighteen (18) months, depending on whether objections or opposition proceedings arise. Official fees include filing, publication, and certification fees, as prescribed by MOCIIP regulations.

V. Rights After Registration

Upon registration, the trademark owner acquires the exclusive right to use the mark in Oman in relation to the registered goods and services. The owner also has the right to license or assign the trademark and to initiate civil or criminal enforcement actions against infringers. Customs enforcement measures may also be invoked to prevent the importation of counterfeit goods.

A registered trademark may be vulnerable to cancellation if it is not used for an extended statutory period, commonly interpreted as three consecutive years of non-use.