Requirements

Qatar Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 years
Are there any annuity fees to pay?   No

Qatar Design Process

Kindly be informed that Qatar has not implemented yet Law No. 9 of 2002 relating to Industrial Designs, therefore the applicant has the option to either protect its industrial design as a trademark or copy right for the time being.

Qatar Design Requirements

Kindly be informed that Qatar has not implemented yet Law No. 9 of 2002 relating to Industrial Designs, therefore the applicant has the option to either protect its industrial design as a trademark or copy right for the time being.

Qatar Patents FAQ

Q: Which law does the country implement relating to patents?

A: Patent Law No. 30 of 2006

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is the country a member of the GCC Patent Cooperation Treaty? 

A: Yes

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable;
  • Do not violate the provisions of Islamic Sharia' (Law), public order, ethics, or national security.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Scientific theories, mathematical methods, computer programs, exercise of pure intellectual activities, or practice of a specific game;
  • Plants and animals researches and essentially biological processes for the production of plants or animals other than microbiological processes and its productions.
  • Diagnostic, therapeutic and surgical methods for the treatment of humans or animals and its productions.

Q: if a worker invented a patent, can he register the patent in his name?

A: Patent ownership shall be entitled to the employer if the invention is a product of an implementation of a contract or a commitment through devoting the whole effort to creativity, or if the employer proves that the worker has only achieved that invention through the utilization of facilities, aids or data provided to him/her by work. However, this shall not prejudice the worker's entitlement to a fair reward. The application may be submitted by the inventing worker during his/her service or within two years of quitting service.

Q: Can the applicant amend an application under process?

A: Yes as long as the applicant provides the supporting required documents.

Q: Can the applicant withdraw the application at any time?

A: Yes, The applicant may withdraw his/her application at any time before the issuance of the final decision. However, application withdrawal shall not entail the withdrawal of documents or the refunding of any fees or costs.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Qatar within three years from the date of grant, otherwise the patent will be subject to compulsory licensing.

Qatar Patents Process

Patent Registration: 

  • The patent registration process takes 4-5 years.
  • After filing the application, the application is put on hold for 6 months until all required documents and information are fulfilled.
  • The applicant has an option to either settle the technical examination fees upon filing along with the filing fees or within 6 months from the filing date.
  • After 6 months from the filing date, the application will formally be examined to check if all the required documents were submitted and related filing, annuities, and technical examination fees were settled. Then, the application will be put on hold again till its turn comes up for technical and legal examination.
  • Once the application is technically and legally examined, the Examiner will issue his decision to either:
    • Complete or amend the application: the applicant has 90 days from the official notification date to reply to proceed with the examination of application.
    • Reject the application: if the requirements were not met or the patent is non-registrable. The applicant has 15 days from the official notification date to appeal the decision before the Appeal Committee.
    • Accept the application: the applicant has to settle the publication fees to publish the application in the official gazette. The patent office will notify the applicant when the said application will be published.
  • Any interested third party can oppose the said application within 60 days from the date of publication. The Patent Office will study the opposition and issue its decision within 30 days from filing date of opposition; otherwise the opposition will be considered rejected implicitly.
  • Once the application passes the publication period successfully, the registration fees should be settled to issue the related certificate of registration.
  • The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

 

Patent Annuities: 

  • A patent is protected for 20 years from the filing date.
  • Annuities should be settled prior to the anniversary of the filing date of a national application or a PCT international application until the termination of the patent protection duration. For example: if the patent was filed on 30 January, then the annuity should be settled every year prior to 30 January.
  • The applicant should settle the annuity starting from the second year of filing the national application according to Paris Convention.
  • The applicant should settle all due annuities starting from the second year of filing the PCT application until the date of filing the application in the national phase in Qatar upon filing the application.  
  • Penalty fees will be applied if the applicant misses settling the annuity prior to deadline, however this is pending for the moment until issuance of the related regulations.

Qatar Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract, claims, and drawings in English and Arabic language should be submitted upon filing.
  • Patent Specifications in English should be submitted upon filing.
  • Patent Specifications in Arabic should be submitted within 6 months from filing date.
  • Certified copy of the priority document should be submitted within 3 month from filing date.
  • Certified copy of the international publication report upon filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the Qatari embassy and submitted within 6 month from filing date.
  • Certified copy of the certificate of incorporation or an extract from the commercial registry if the applicant is a company, or a copy of the applicant’s passport if the applicant is an individual, submitted within 6 month from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized and legalized at the Qatari embassy, and submitted within 6 months from filing date.

 

Note: if the application is based on a PCT application, the applicant is exempted from submitting the DOA and commercial certificate if the international publication report was issued in the name of the same applicant.

Qatar Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 9 of 2002 pertaining to Trademarks, Commercial Indications, Trade Names, Geographical Indications, and Industrial Designs and Models

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No       

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: Yes

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: No, however any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Qatar Trademarks Process

Trademark Registration: 

  • The registration process takes 12-15 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 2 to 3 months. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled and the mark will be issued in the official gazette after 2 months. It is worth mentioning that the trademarks official gazette is issued at the beginning of every month. 
    • Conditionally accept the application, you may appeal the decision within a period of 60 days from the official notification date or comply with the said conditions within 6 months from the official notification date, otherwise the application would be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 60 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 120 days from the date of publication in the official gazette. The applicant has 60 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1-2 months from the date of settlement of registration fees.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes up to 6 months to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal, however it is subject to late penalty fees.
  • After recording the renewal in the TMO database within 1 month from filing the renewal application, you may proceed with settling the publication fees and the renewal will be issued in the official gazette after 2 months. It is worth mentioning that the trademarks official gazette is issued at the beginning of every month.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The renewal certificate will be issued within 1-2 months from the date of publication.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes up to 6 months to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met.
  • After recording the change in the TMO database within 1 month from filing the change application, you may proceed with settling the publication fees and the change will be issued in the official gazette after 2 months. It is worth mentioning that the trademarks official gazette is issued at the beginning of every month.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • Issuing a certificate of the changes recorded is voluntary not compulsory, and subject to additional fees. The certificate will be issued within 1-2 months from settling the prescribed fees.

Trademark Assignment: 

  • The recordal of the assignment takes up to 6 months to be completed.
  • A separate application should be filed for each class. 
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met. 
  • After recording the assignment in the TMO database within 1 month from filing the assignment application, you may proceed with settling the publication fees and the assignment will be issued in the official gazette after 2 months. It is worth mentioning that the trademarks official gazette is issued at the beginning of every month.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • Issuing a certificate of the assignment recorded is voluntary not compulsory, and subject to additional fees. The certificate will be issued within 1-2 months from settling the prescribed fees.

Qatar Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Qatar embassy and submitted within 30 days of filing. (Late submission fees apply)
  • A certified copy of the priority document in case claimed should be provided within 6 months of filing date.
  • A copy of the commercial certificate translated to Arabic is required at filing. 

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of Attorney (POA): Original should be notarized and legalized at the Qatar embassy and submitted at filing. 
  • A simple copy of the trademark registration certificate.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications. 
  • A document proving the change of name and/or address legalized at the Qatar embassy and submitted at filing
  • Power of Attorney (POA): Original should be notarized and legalized at the Qatar embassy and submitted at filing. 

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications. 
  • An assignment document translated to arabic and legalized at the Qatar embassy. 
  • Power of Attorney (POA): Original should be notarized and legalized at the Qatar embassy and submitted at filing. 
  • A copy of the commercial certificate translated to Arabic is required at filing. 

Saudi Arabia Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 Hijri years
Are there any annuity fees to pay?   Yearly

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