Oman Becomes Fourth Member State To Implement GCC Trade Mark Law

Oman has implemented the GCC Trade Mark Law with effect from 31 July 2017. As a result, Oman becomes the fourth member state of the Gulf Cooperation Council (the GCC) to implement or adopt the GCC Trade Mark Law. This follows in the footsteps of Kuwait, Bahrain and Saudi Arabia. As yet, the remaining two GCC member states, the UAE and Qatar, are yet to implement the new Law.

The implementation of the GCC Trade Mark Law in Oman came by way of Sultani Decree No. 33 of 2017, which was published in the Oman Official Gazette on 30 July 2017. Article 53 of the Decree states that the Law will come into force one day after the publication of the Decree in the Official Gazette, ie on 31 July 2017.

Implementing Regulations

Decree No. 33 of 2017 also provides for Implementing Regulations to the GCC Trade Mark Law to be issued. These Implementing Regulations will deal with matters such as:

the official fees that will apply in Oman under the GCC Trade Mark Law; supporting documents for trade mark applications; and the examination period for trade mark applications (the Implementing Regulations in Kuwait, Bahrain and Saudi Arabia require an initial examination report to be issued within 90 days of the filing date). At present, no Implementing Regulations have been issued in Oman, and it is unclear when these will be introduced. For the time being and until the Implementing Regulations are introduced, it appears likely that the Oman Trade Mark Office will continue to apply the relevant provisions of the old regulations (Ministerial Decision No. 105 of 2008), at least where these regulations do not conflict with the position under the GCC Trade Mark Law.

Impact of the new GCC Trade Mark Law

The most obvious immediate impact of the new GCC Trade Mark Law is that the period for opposing trade mark applications in Oman has decreased from 90 days to 60 days. This may have a significant impact on overseas brand owners which need to put in place a legalised or apostilled Power of Attorney before they can file an opposition. The process of legalising or apostilling a Power of Attorney can be lengthy, and brand owners will need to be mindful of the reduced time available.

Other changes that will apply in Oman following the implementation of the GCC Trade Mark Law include:

a broader definition of a trade mark, with this now expressly including some forms of non-traditional trade marks, such as colour, combinations of colour, sounds and smells; the...

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