News & insights

Oman: New Implementing Regulations Out

January 17, 2009

The regulations implementing Industrial Property Rights Law no. 67 of 2008 (issued on May 12, 2008) as well as a Copyright Law no. 65 of 2008 (issued on May 4, 2008) came into force in Oman on December 17, 2008 by virtue of Ministerial Resolutions no. 103 and 105 of 2008.

Main Features of the Trademark Bylaws

Previous Regulations New Regulations
Oppositions may be filed within 2 months from publication date. Oppositions may be filed within 90 days from publication date. The oppositions are published in the Official Gazette.
Counter-oppositions may be filed within 2 months from notification date. Counter-oppositions may be filed within 90 days from the opposition’s publication date in the Official Gazette.
Rejection decisions may be appealed within 30 days from receipt of official notice. Rejection decisions may be appealed within 60 days from receipt of official notice.
Publication in the Official Gazette does not include the particulars of the agent. Publication in the Official Gazette includes the particulars of the agent (if available).
The Registrar’s rejection or conditional acceptance is subject to 30 days appeal before the Commercial Court. The applicant has more than one chance to argue against the Registrar’s examination results of rejection or conditional acceptance.
Renewal application could be filed one year prior to expiry date. Renewal application could be filed six months prior to expiry date.

Filing Requirements
According to the implementing regulations, the documents required for filing a trademark application in Oman are as follows:

1. Power of attorney, legalized. A general power may be used for subsequent filings.
2. Copy of certificate of incorporation or extract from the commercial register, certified.
3. Copy of priority document, if priority is claimed, certified.
4. 15 prints of the mark for each application.

Documents 1 – 3 may be submitted within 90 days from filing date.

Saba & Co. IP encourages all clients to benefit from the provisions of the new implementing regulations and will be more than pleased to assist in trademark registration and maintenance in the country.

Should you have any specific inquiries regarding the subject matter, please do not hesitate to contact us at info@sabaip.com