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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 6 months, if no objections or oppositions arise.
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If I register my trademark in Oman, do I have protection in other territories?
The territorial limit of registration is Oman.
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Do I need to sign a Power of Attorney?
A power of attorney is required. It must be legalized in the Omani consulate.
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Are there any benefits from a pre-filing use of the trademark?
- Pre-filing use may demonstrate the mark’s acquired distinctiveness
- Pre-filing use may help overcome an opposition to a trademark application on the grounds of non-distinctiveness
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Oman?
- words
- names
- devices
- certain three-dimensional shapes
- colors
- slogans (as long as they are not long enough to be protected under copyright)
- sounds
- smells (olfactory trademarks)
- trade dress/get-up
- holograms
- taste
- collective marks
- certification marks
- well-known marks
- service marks
Note: The goods’ basic composition such as scent, taste and other common characteristics are not considered as registrable. Contact Marcaria.com for more information.
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What are the phases of application after a trademark has been filed in Oman?
The order of the application process is as follows:
- Examination of the application in respect to:
- formalities
- descriptiveness
- distinctiveness
- conflict with prior registration
- morality provisions observed in Oman
- Publication
- application date
- application number
- mark
- goods/services
- name of applicant
- address of applicant
- Registration
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What type of trademark is not registrable?
- marks that are against moral standards or public order
- generic terms
- flags, names or symbols of nations, states, regions, or of international organizations
- marks not showing an acquired distinctiveness
- marks that are used primarily as geographic location names
- marks that are confusingly similar to a well-known mark in Oman
- bad faith and/or unfair competition
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Does Oman use the "Nice Classification" system?
The Nice Classification System is effective in Oman.
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Does the Community Trademark apply for Oman?
The European Union Trade Mark, previously known as the Community Trade Mark, registration is not effective in Oman.
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Is there any possibility to claim priority in Oman?
Priority application may be claimed if:
- the home country is a member of the Paris Convention
- the home application was filed within six months prior to the application in Oman
- Oman can be designated in an international registration
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What do I need to do to satisfy the use requirement?
The trademark must be used for a period of three consecutive years. The amount of use must be on a commercial scale and must occur in Oman.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
It is legal to use an unregistered mark for any goods or services.