Requirements

Morocco 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 French.
  • Power of attorney (POA): Original should be simply signed and submitted within 60 days from filing.
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of attorney (POA): Original should be simply signed and submitted within 60 days from the submission of renewal application.
  • 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, translated to French and legalized.
  • Power of attorney (POA): Original should be simply signed and submitted within 60 days from the date of filing.
  • A simple copy of the trademark registration certificate.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications.
  • An assignment document translated to French and legalized at the Moroccan embassy.
  • Power of attorney (POA): Original should be simply signed and submitted within 60 days from the date of filing.
  • A simple copy of the trademark registration certificate.

Oman Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   Yes
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?   Yearly

Oman Design Process

One application can cover only one design. 
The process from filing to issuance of certificate is for a period of 2 to 3 years. 
No annuities 
The design registration is valid for 10 years. 
Renewal is not allowed.

Oman Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be notarized and legalized.
Deed of assignment if the applicant is not the designer.
A certified copy of the priority document in case claimed.
Copy of the commercial certificate document is required.

Oman Patents FAQ

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

A: Royal Decree No. 101/96 amended Patent Law No.82/2000

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: No

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 Oman within three years from the date of grant, otherwise the patent will be subject to compulsory licensing.

Oman Patents Process

Patent Registration: 

  • The patent registration process takes 4-5 years.
  • After 18 months from the filing date, the application will be formally examined to check if all the required documents were submitted and will issue a decision of:
    • Incomplete formalities: the Examiner will give the applicant 60 days from the official notification date to fulfill all requirements, otherwise the application will be considered withdrawn.
    • Complete formalities: the applicant can settle the substantive examination fees at the time of filing or at any time within the 18 months form the filing; otherwise the application will be lapse.
  • Once the application is substantively 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 within 90 days from the official notification date.
  • 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 60 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 Oman 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.

Oman Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract 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 Omani embassy and submitted within 6 month from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized and legalized at the Omani embassy, and submitted within 6 months from filing date.

Oman Trademarks FAQ

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

A: GCC Trademarks Law issued by the Royal Decree No. 33/2017

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

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: Yes

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: No

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: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 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: No

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

A: Yes

Oman 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 1 to 2 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 within 60 days from the official notification date to publish the mark in the official gazette and a local newspaper, otherwise the application will be considered withdrawn.
    • Conditionally accept the application, you may appeal the decision or comply with the said conditions within a period of 60 days 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 60 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 Certificate will be published in a local newspaper after its issuance for informative purposes only.
  • 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 2 to 3 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 to publish the renewal in the official gazette.
  • 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 week 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 2 to 3 months to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed 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 to publish the change in the official gazette.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The change certificate will be issued within 1 week from the date of publication.

Trademark Assignment: 

  • The recordal of the assignment takes 2 to 3 months to be completed.
  • A separate application should be filed for each class. 
  • A change of agent should be filed 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 to publish the assignment in the official gazette.
  • The publication in the official gazette is for informative purposes only; No one can oppose the said publication.
  • The assignment certificate will be issued within 1 week from the date of publication.

Oman 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 Omani embassy or apostilled and submitted within 60 days of filing.
  • A certified copy of the priority document in case claimed should be provided within 3 months of filing date.
  • A copy of the commercial certificate translated to Arabic is required at filing. 

Trademark Renewal:

  • Details of the trademark registration.
  • Power of Attorney (POA): Original should be notarized and legalized at the Omani embassy or apostilled and submitted at filing. 

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Details of the change specifications. 
  • A certified document proving the change of name and/or address submitted at filing
  • Power of Attorney (POA): Original should be notarized and legalized at the Omani embassy or apostilled submitted at filing. 

Trademark Assignment:

  • Details of the mark.
  • Details of the assignment specifications. 
  • An assignment document translated to Arabic and legalized at the Omani embassy or apostilled and submitted at filing. 
  • Power of Attorney (POA): Original should be notarized and legalized at the Omani embassy or apostilled submitted at filing. 
  • A copy of the commercial certificate translated to Arabic is required at filing. 

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