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Oman - Jurisdictions

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Oman
Jurisdiction

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TRADEMARK
Registration
    Information:
    • MEMBERSHIP:
      WIPO, TRIPS, Paris Convention and Madrid Agreement
    • CLASSIFICATION:
      10th edition – single class application
    • CLAIMING PRIORITY:
      Possible
    • SEARCH/TIME FRAME:
      Possible for word marks and device marks / 5 – 10 working days
    • EXAMINATION:
      On formal, absolute, and relative grounds
    • EXTENSION OF TIME:
      Not possible for filing oppositions, counter oppositions. Possible for responding to office actions
    • VALIDITY:
      10 years as from the filing date
    • RENEWAL:
      For unlimited period of 10 years each
    • GRACE PERIOD:
      6 months from the protection’s expiry date
    • USE:
      Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 3 consecutive years from registration date
    Requirements:
    1. A Power of Attorney duly legalized up to Oman Consulate;
    2. An Extract from the entry of the applicant in the Commercial Register or its equivalent duly legalized up to Oman Consulate; and
    3. Ten prints of the mark.
      • The Power of Attorney can be filed belatedly at an extra cost.
    Time frame:
    1. Filing up to Examination: 4-6 months
    2. Examination up to Publication: 4-6 months
    3. Opposition Period: 3 months from the publication date
    4. End of opposition period up to issuance of registration certificate: 2 months
    5. Total estimated time frame: 12-16 months
      6. The above time frame is for a normal/smooth processing of a trademark application, in case of no objections by the trademark examiner or no oppositions from a third party.
Renewal
    Filing Requirements:
    1. Power of Attorney, with Apostille certification.
Change of Name or Address
    Filing Requirements:
    1. Power of Attorney, with Apostille certification; and
    2. Certificate of change of name/address, with Apostille certification.
Assignment
    Filing Requirements:
    1. Power of Attorney, with Apostille certification;
    2. Deed of assignment, with Apostille certification; and
    3. Copy of certificate of incorporation.
Merger
    Filing Requirements:
    1. Power of Attorney, with Apostille certification;
    2. Merger agreement, with Apostille certification; and
    3. Copy of certificate of incorporation.
License
    Filing Requirements:
    1. Power of Attorney, with Apostille certification;
    2. License agreement, with Apostille certification; and
    3. Copy of certificate of incorporation.
PATENT
Information
    Information:
    • EQUIVALENT SEARCH:
      Patent applications and patents are searchable by title and patentee name
    • EXAMINATION:
      As to form, novelty, inventiveness, industrial applicability, unity, and compliance
    • PUBLICATION:
      Patents are published in the Official Gazette after substantive examination and before grant
    • OPPOSITION:
      Oppositions may be filed within 120 days from publication. The patent is re-published after grant but no opposition period is provisioned then
    • ANNUITIES:
      Due annually on the anniversary of the international filing date and payable prior to grant.
      6 - month grace period for late payment with a surcharge
    • PROTECTION TERM:
      20 years from the international filing date
    Requirements:
    1. A Power of Attorney duly legalized up to Oman Consulate;
    2. Extract from the Commercial Register or from the Memorandum of Association, if the applicant is company, duly legalized up to the Consulate of the Oman;
    3. An Assignment Deed duly legalized up to Oman Consulate, if the applicant is not the inventor; and
    4. Two copies of specifications, claims, abstract and drawings.
Change of Name or Address
    Filing Requirements:
    1. Power of Attorney with Apostille certification (if new name); and
    2. Certificate showing old and new name/ address, with Apostille certification.
Assignment
    Filing Requirements:
    1. Power of Attorney with Apostille certification (from assignor and/or assignee);
    2. Extract from the Commercial Register of assignee, simple copy; and
    3. Assignment document signed by assignee and assignor, with Apostille certification.
Merger
    Filing Requirements:
    1. Power of Attorney with Apostille certification (if new moral entity formed); and
    2. Simple certificate attesting the Merger, with Apostille certification.
    • Documents must be accompanied with a sworn English translation if made in a foreign language.
License
    Filing Requirements:
    1. Power of Attorney with Apostille certification from licensor and/or licensee;
    2. License agreement, with Apostille certification; and
    3. Extract from licensee Commercial Register, with Apostille certification.
DESIGN
Information
    The Design Law No. 39/2000 came into effect on June 3, 2000. However, the Implementing Regulations are yet to be issued. The only available means of protecting design is publishing cautionary notices in Arabic and English in local newspapers.
    Information:
    • PROTECTION TERM:
      5 years from the filing date
    • EXAMINATION:
      As to novelty
    • APPLICATION WITH MULTIPLE FIGURES:
      Admissible for up to 100 designs, provided that all these designs belong to the same class of international
    • RENEWAL:
      Allowed for two consecutive terms of 5 years each
    Requirements:
    1. Particulars of the owner/designer, i.e. name, address, nationality and nature of business;
    2. Brief description of the design with two sets of formal drawings; and
    3. Particulars of corresponding foreign registration, if any.
COPYRIGHT
Information
    Information:
    • MEMBER OF BERNE CONVENTION:
      Yes
    • REGISTRATION:
      Possible for nationals and foreigners
    • DURATION:
      In general, the duration is the artist’s life with the addition of 70 years starting from the beginning of the calendar year following the artist’s date of passing in case of common works.
    • WORKS PROTECTED:
      Books, computer programs and other written material; Oral works such as lectures, speeches and sermons; Dramatic and dramatico-musical works; Musical works, with or without accompanying words; Choreographic works and pantomimes; Aural and audiovisual works; Drawings, paintings, works of architecture, engraving, and ornamental works; Works of applied arts, whether handicraft or industrial; Illustrations, maps, plans, sketches, three-dimensional works related to geography or topography, architecture and science; Folklore.
    • LIMITATIONS ON PROTECTIONS:
      International treaties, court decisions, official documents as official translation thereof; Published, broadcast, or publicly reported news; Works which have fallen in the public domain
    • PENALTIES:
      Penalties include payment of fines of up to 2,000 Riyals (around 5,000 US Dollars), as well as legal prosecution resulting in a maximum of 2-year imprisonment terms
    Requirements:
    1. A Power of Attorney duly legalized up to Oman Consulate;
    2. An Extract from the entry of the applicant in the Commercial Register or any equivalent document duly legalized up to Oman Consulate;
    3. Three copies of the work; and
    4. A certified copy of home or any foreign registration of the copyright.
DOMAIN NAME
Requirements
    Requirements:
    1. An authorization letter from the applicant to register domain name;
    2. An Extract from the entry of the applicant in the Commercial Register or any equivalent document duly legalized up to Oman Consulate; and
    3. A Power of Attorney duly legalized up to Omani Consulate.
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