Number 9 of 2002 on Trademarks, Trade Names, Geographical Indications and Industrial Designs governs the procedure for application and registration of a trademark in Qatar.
Marks that can be registered as a trademark in Qatar:
All distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices and any combination of these which are depicted as trademarks, service marks and collective marks are eligible for registration. It must be distinctive and not descriptive and shall not be prohibited by the law. Three dimensional (3D) trademarks and holograms are also eligible for registration in Qatar.
Who can file for Trademark Registrations in Qatar:
- Natives engaged in any of the commercial, industrial, professional, or service business;
- Foreigners engaged in any of the commercial, industrial, professional, or service business in the State of Qatar or in any state having reciprocity of treatment with Qatar;
- Public legal persons; and
- Owners of well-known trademarks.
Classification of Goods & Services for Trademark Registration:
Qatar follows the International Classification of Goods and Services for the Purposes of the Registration of Marks which has 42 classes, yet classes 1, 4 to 7, 10 to 14, 16 to 22, and 31 are not granted entirely under the trademarks law. Products covered by class 33, alcoholic drinks and beverages in class 32 and pork meat in class 29 are not registrable in Qatar.
Application for registration of a trademark in Qatar:
An application for registration of a trademark has to be filed before the trademark office in Qatar. If a foreign applicant is applying for registration, a local agent must apply on behalf of the Applicant and a power of attorney legalized by a Qatari consulate in the Applicant’s country is necessary. There is no multi-class trademark application in Qatar.
Required Information for registration of a trademark in Qatar:
- The name, address, nationality and legal status of the Applicant and the nature of the business of the Applicant.
- The list of the goods to be covered by the application with mention of the class under which the Applicant intends to register the trademark.
- Information about the trademark such as the colour, design etc. The prints of a trademark originally in colours can be submitted in black and white but should specify the colours to be claimed.
- Applications are currently accepted in Arabic language only.
- Details of the use of the mark in Qatar
Required documents for registration of a trademark in Qatar:
- Duly filled-in trademark application form
- Five copies of logo or specimen (6×6 cm)
- Letter of request
- Duly legalised Power of attorney
- Copy of the certificate of incorporation
- Certified copy of priority document, if priority is claimed (may be submitted within 6 months from the date of filing Application)
For Corporate entities:
- Copy of commercial registration
- Certificates and extracts of logo image
- Signature of the authorised signatory
- Copy of power of attorney.
For Foreign companies:-
- Power of attorney duly legalised, attested and authenticated before Embassy of Qatar
- Authentication before Ministry of Justice and Ministry of Foreign Affairs in Qatar
- Certificate of incorporation and
- A copy of the logo.
Costs for registration of a trademark in Qatar:
On submission of an application for the registration of a trademark prescribed fee of 1,000 Qatari Riyals must be paid.
Procedure for registration of a trademark in Qatar:
Once a trademark application is filed, it is examined by the Industrial Property Protection (IP) office for distinctiveness and a search for prior trademarks is conducted. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use or if there is a registration in a foreign country. If the IP Office finds that the application for registration does not comply with the requirements of the Trademarks Law, it shall refuse or impose restrictions for the mark to be registered and shall notify the applicant, of its justified decision within 30 days from the date of filing the application. To this regard, the applicant must satisfy restrictions or modifications within 6 months from the date of the notification otherwise the application shall be deemed as abandoned. The applicant has the possibility of appealing against the Trademark Office’s decision within a period of 60 days. If the registration of the mark is accepted, the IP Office shall publish the mark in the official gazette for any third party to file an opposition.
Opposition against the registration of a trademark in Qatar:
Once the mark has been published in the official gazette, any concerned person may, within 4 months, oppose the trademark application stating the grounds forthwith in writing. However, the opposition must be filed within a period of 4 months from the announcement in the official gazette. The applicant shall be required to reply to such opposition within 2 months from receiving the notification, failing which the application will be considered abandoned. Upon the issuance of the final judgement, the mark will consequently be registered and entered in the trademark register. Similarly, the registration will have effect as from the date of filing the application. In the absence of opposition, a published trademark is registered, and a registration certificate is issued.
The time frame from filing to obtaining registration for a trademark in Qatar is between 12 to 15 months in a straight forward matter without opposition.
Period of protection of trademark and renewal of trademark in Qatar:
A trademark registration is valid for 10 years from the date of application. It can be renewed every 10 years perpetuity. Subsequent to the expiry of the registration period, a 6-month grace period is allowed within which a late renewal application can be filed, but such a late renewal application is subject to payment of additional fees.
Assignment of a trademark in Qatar:
The ownership of a registered trademark can be assigned with or without the goodwill of the business concern. Unless an assignment has been recorded in the register and published in the Official Gazette of Trademarks, it shall have no effect as against third parties.
Cancellation of a Registered trademark in Qatar:
If the trademark has not been used in Qatar for a period of 5 years from issue of the date of registration or has not been used later for a continuous period of 5 years, it may be subject to cancellation by any interested party through the civil court, unless the owner of the mark submits a justification for such non-use.
Benefits of registration of a trademark in Qatar:
Under the law, the owner of a registered trademark is granted the exclusive right to prevent all third parties from using their trademark. According to the local law, a registered mark can be cancelled only for non-use for a period of five years after registration. Registration of trademark results in protection against unfair competition, the imposition of penalties in national law on competitors who infringe the legitimate intellectual property rights and obtain appropriate compensation for infringement. Registration also helps in registering with the Customs authorities to stop the import/export of infringing/counterfeit goods into/outside Qatar.
Editorial Staff
Editorial Staff at Selvam and Selvam is a team of Lawyers, Interns and Staff with expertise in Intellectual Property Rights led by Raja Selvam.
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