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Trademark Registration

Summary for Qatar

Qatar Trademark Service Charges

Requirements

Filing Requirements
Trademark/Service Mark Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.

2. A simple copy of the certificate of incorporation of the applicant company, or an extract of the entry of the applicant in the commercial register.

3. Five prints of the trademark.

4. A list of the goods to be covered by the application. The protection of the class cannot include all goods and services for classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31, as they are not entirely granted by the trademark law; one item must always be excluded from these classes.  Products covered by class 33 and "alcoholic drinks and beverages" in class 32 are not registrable.

5. The name, address, nationality, activity and legal status of the applicant and the nature of its business.

6. A copy of the priority document, in case priority is claimed.

Collective Mark Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate. 

2. A simple copy of the certificate of incorporation of the applicant company, or an extract of the entry of the applicant in the commercial register.
3. Five prints of the trademark.

4. A list of the goods to be covered by the application. The protection of the class cannot include all goods and services; one item must always be excluded.

5. The name, address, nationality, activity and legal status of the applicant and the nature of its business.

6. A copy of the priority document, in case priority is claimed.


Renewal of Trademark/Service Mark Registrations

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate, if we do not previously possess one.

2. The name, address, activity and nationality of the applicant and the nature of its business.

3. The trademark number.

Assignment Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate by the assignee.

2. A deed of assignment signed by both parties, authenticated and legalized up to the Consulate of Qatar.

3. A simple copy of the certificate of incorporation, or an extract of the entry of the assignee company in the commercial register.


Registered User/License Agreement Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate by the Licensee.

2. An authenticated license agreement in writing signed by the parties thereto and duly legalized up to the Qatari Consulate.

3. A simple copy of the certificate of incorporation, or an extract of the entry of the registered user company in the commercial register.


Change of Name/Address Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate in the new name and/or address.

2. A certificate proving the change of name or address.

Amendment of Trademark Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate and stamped with the company’s seal.

2. An authenticated certificate showing the amendment. 

Agency Agreements

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.

2. An Agency Agreement executed by the Principal and the Agent, legalized up to the Qatari Consulate including:

a. Names and nationalities of the agent and the principal.

b. Goods, products and services, which are nominated in the Agency contract.

c. Rights and liabilities of the Agent and the Principal, and the Principal's responsibility towards his Agent's obligations with clarifying the proportion of profit or commission.

Note: In case no Qatari Consulate exists, legalization will be accepted from any Arab Consulate.

Summary

Qatar follows the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement, yet classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31 are not granted entirely under the trademark law. Products covered by class 33 and alcoholic drinks and beverages in class 32 are not registrable. The law has been amended so that a separate application should be filed with respect to each class of goods or services.
The prints of a trademark originally in colors can be submitted in black and white, but should specify the colors to be claimed.

Once a trademark application is filed, the trademark is examined as to form and substance, as Qatar follows the anteriority examination system. Accepted trademark applications are published in the Official Gazette of Trademarks. Any interested party may, within 4 months from the date of publication, oppose the registration of a published trademark.

Opposition cases are referred to the civil court, if not settled by the Registrar, or if either party appeals the Registrar's decision. In the absence of opposition, a published trademark is registered and the relative certificate of registration will be issued.

A trademark registration is valid for 10 years from the date of filing the application, renewable for further consecutive periods of 10 years each. The renewal fees of a trademark registration can be paid during the last 12 months of the current protection period. There is a 6-month grace period within which a late renewal application can be filed, but such a late renewal application is subject to the payment of additional fees. A separate application for the renewal of a trademark registration or any recordal is needed in respect of each class of goods or services as far as trademarks are originally registered in more than one class.

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 vis-à-vis third parties. Changes in the name and/or address of a registrant, amendments not substantially affecting the identity of the trademark and limitation of the list of goods or services covered by a trademark registration can be recorded as well.

Use of trademarks in Qatar is not compulsory for filing applications or for maintaining trademark registrations in force. Any interested party may request the court to order cancellation of a trademark registration, if the owner fails to use such a trademark in Qatar within 5 consecutive years from the date of the registration. The cancellation action for non-use of a registered trademark cannot be accepted unless the owner of a trademark is given a one-month notice that his trademark is subject to cancellation for non-use.

Unauthorized use of a trademark registered under the law, an imitation of such a trademark applied on goods and/or used in respect of services of the same class, sale, storing for the purpose of sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods and/or services of the same class are offenses punishable under the law in Qatar.

Note: Trademark Law No. 9 of 2002 was issued on June 8, 2002 and published in the Official Gazette, but its Implementing Regulations have not yet been issued.

FAQ

T1: How long will it take to conduct a trademark search?
Normally, it takes 7 to 10 days by the Trademark Office to issue the search results. But rarely it takes 2 weeks and sometimes we get the result within 3 days upon personal request.

T2: Does your country use the international classification?
Yes, Qatar follows international classification of goods and services.

T3: Are there any goods or services for which the mark can not be registered?
Yes, goods in class 33 and alcoholic beverages in class 32 are not permitted to register as per Qatari Trademark Law.

T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
Normally protection is granted only for those goods specified in the application. It is possible to claim "all goods included in the class" for those classes which are granted entirely. Classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31 are not entirely granted by the Qatar Trademark Law.

T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ? If so, what are its requirements?
No, as per Qatari Trademark Law it is not allowed to registrar a trademark in the name of more than one applicant.

T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
Yes, applications can be filed promptly upon receipt of client's specific instructions, and the documents needed can be lodged at a later stage. (Any time before the examination stage).

T7: Can one application cover more than one class of goods/services?
No, multiclass applications are not permitted by Qatari Trademark Law. Each class of goods or services are considered to be an independent application.

T8: May priority be claimed under the Paris Convention?
Yes, it is possible to claim priority under Paris Convention.
T9: What is the term of protection of a trademark? From what date is it calculated?
Protection term for registration and renewals are 10 years. (It is calculated from the filing date).

T10: Is marking compulsory and, if so, how should marking be made?
There are no provisions in the Qatari Trademark Law that organize trademark indications in our country. In general, the sign ® is used to indicate that the mark is a registered trademark, whereas the sign ™ is used to give an indication to a trademark.

T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes, original owner can oppose the registration of the trademark which is lapsed due to non renewal. However, his opposition cannot be on the basis of lapsed registration.

T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
Amendment of the form of trademark is permitted if the amendment is slight and not changing the substantial form of original mark and no certificate is required for such an amendment. Only a specimen of the new form of the mark is sufficient.

T13: Is use required before registration or for maintaining the registration in force?
Use of trademark is not compulsory for filing applications or for maintaining trademark registrations in force ; but lack of use could subject the trademark to cancellation from 3 rd parties.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
No, use of the trademark on one item is not sufficient to maintain the protection for all the goods covered by the registration.

T15: What are the types of use required?
Normally, presence of goods in the market is considered as use in our country. However, publication and advertisements may be used for argumentation for litigation.

T16: Can the assignment of an application be recorded?
According to the Qatari Trademark Law it is not allowed to record an assignment for pending applications. An assignment recordal can only be effected for registered trademarks.

T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
The recording of the license agreement is not compulsory, but highly recommendable in order to validate the use of the mark. Non recordal of license agreements may create difficulties in legal cases when trying to prove ownership.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
According to the Qatari Trademark Law it is not allowed to record a change of name, address, merger, assignment, license etc. for pending applications. An assignment recordal can only be effected for registered trademarks. (It is possible onlu for change of address ir change of name).

T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
Assignment can be recorded with or without goodwill. A consideration should be stated in the deed of assignment. The amount can be any nominal figure; say US$ 1.

T20: Can the trademark application be opposed and what is the opposition period?
Yes, any interested party can file an opposition against a trademark application. Time limit for opposition is 4 months from the date of the publication.

 
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