To register a trademark in Oman, you file an application with the Ministry of Commerce, Industry and Investment Promotion for a specific class of goods or services. The application is examined, published so that third parties can oppose it within 60 days, and then registered with a certificate. Protection lasts 10 years from the filing date and can be renewed for further 10-year periods; the exclusive right to a mark is acquired by registration.
Two laws apply together: the GCC Trademark Law, brought into force in Oman by Royal Decree 33/2017, and the Industrial Property Rights Law (Royal Decree 67/2008), which fills any gap the GCC law leaves. If you would like the filing, an opposition or a counterfeiting claim handled for you, our intellectual property lawyers in Muscat can review your mark before you file.
Which law governs trademarks in Oman?
Royal Decree 33/2017 was published in the Official Gazette on 30 July 2017 and took effect the following day. The GCC law repeals anything that contradicts it, and the 2008 law continues to apply wherever the GCC law is silent. So the deadlines for opposition, appeal and renewal and the criminal penalties come from the GCC law, while the 2008 law still governs points such as representation of foreign applicants. Marks registered earlier remain valid.
Trademarks are handled by the Ministry's National Intellectual Property Office, and applications are filed online via the government services portal.
What can be registered as a trademark?
Under the GCC law, a trademark is anything with a distinctive form that is used, or intended to be used, to distinguish one business's goods or services from those of others. This includes:
- Names, words, signatures, letters, numbers, symbols and titles.
- Drawings, pictures, engravings, stamps and figurative elements.
- Packaging, shapes, a colour or a combination of colours.
- Sound and smell marks, which the law expressly allows.
Collective marks and control (certification) marks can also be registered, with the rules governing their use filed alongside.
Marks that will be refused
Article 2 of the GCC law lists signs that cannot be registered. The most common grounds are:
- Marks with no distinctive character, or only the usual name or image of the goods.
- Marks contrary to public order or morality, and purely religious symbols.
- National flags, public emblems and official signs of any state or international organisation, and the Red Crescent and Red Cross symbols.
- Misleading marks, or marks containing false indications of origin or quality.
- Marks identical or similar to an earlier filed or registered mark for related goods or services, or that copy, imitate or translate a well-known mark.
Step-by-step: how to register a trademark in Oman
- Run a clearance search. The Ministry offers a "Verify Trademark Availability" service on the government portal to check that no similar mark already exists. It avoids a refusal after you have invested in branding.
- Choose the class. Marks are registered for specific goods or services under the Nice Classification. The Ministry's online service covers one class per application, so a business active in several classes usually needs several applications.
- File the application. It is filed online with an image of the mark and, where an agent files, a power of attorney, and the official fees are paid. An applicant resident or based outside Oman must be represented by a legal agent resident in Oman who is licensed to practise intellectual property work.
- Examination. The Ministry may require limitations or amendments to avoid confusion with other marks; an applicant who does not respond within 90 days of notification is treated as abandoning the application. A complete application must be decided within 90 days of filing.
- Publication. An accepted mark must be advertised before registration. Trademark application notices are currently published in the Official Gazette, at the applicant's expense.
- Registration and certificate. If no opposition is filed in time, the mark is registered immediately, with effect from the filing date, and a certificate is issued showing the registration number, expiry date and covered goods or services.
How long does registration take?
The official service page estimates around 100 days, covering review, publication and registration. Amendments, an opposition or an appeal against refusal will extend this.
Opposition and appeals
- Any interested party may file a written opposition within 60 days of publication.
- The Ministry sends the applicant a copy within 30 days, and the applicant must file a written response within 60 days of notification, or the application is treated as abandoned.
- The Ministry decides the opposition after hearing the parties where necessary, and its decision can be challenged before the competent court within 60 days of notification.
- If an application is refused or accepted only on conditions, the applicant may appeal within 60 days to a committee set by the implementing regulations, and then challenge the committee's decision in court within a further 60 days.
The 2008 law gave 90 days, but the later GCC law repeals conflicting provisions, so the safe approach is to treat the deadline as 60 days from publication. Watch the published notices: missing an opposition can mean a costlier cancellation action later.
Term of protection and renewal
Protection lasts 10 years from the filing date and can be renewed for further 10-year periods by an application made during the final year. There is a 6-month grace period after expiry; if no renewal is filed by then, the mark is removed from the register. Renewal involves no new examination and cannot be opposed.
Other rules to keep in mind:
- The court may cancel a mark not genuinely used for 5 consecutive years without justification.
- An assignment or pledge of a mark is not effective against third parties until it is recorded in the register and published, and a licence is only recognised if it is in writing and recorded.
- A mark registered in good faith and used for at least 5 years without litigation cannot be challenged on ownership, while an earlier user may apply to court to cancel someone else's registration within 5 years of its date.
Oman has also joined the Madrid Protocol (Royal Decree 37/2007), which lets you seek protection in several member countries through one international application.
Enforcement against infringement and counterfeiting
Registration gives the owner the exclusive right to stop others using the mark, or a similar sign, for related goods or services where confusion is likely. The main remedies are:
- Border measures. The owner may ask Customs in writing to suspend the release of counterfeit goods. Customs decides within 7 days, and an accepted request lasts one year or the remaining protection term, whichever is shorter. Once goods are detained, the owner must sue on the merits and inform Customs within 10 working days of notice.
- Precautionary court orders. On a petition, which in urgent cases can be granted without hearing the other side, the court can order a detailed description of the infringement, seizure of the goods, a ban on their entering trade channels, and an end to the infringement. The court decides within 10 days except in exceptional cases, and the main action must be filed within 20 days of the order or it may be cancelled at the defendant's request.
- Civil claim for damages. Compensation covers the loss suffered, including the infringer's profits. The court may order counterfeit goods destroyed; removing the mark is not enough to release them.
- Criminal prosecution. Under the GCC law, forging, imitating or knowingly using a registered mark in bad faith is punishable by imprisonment from one month to 3 years and/or a fine of OMR 500 to OMR 100,000. Knowingly selling or offering counterfeit-marked goods carries one month to one year and/or a fine of OMR 100 to OMR 10,000. A repeat offender faces up to double the maximum penalty, together with closure of the business for 15 days to 6 months. The Public Prosecution can investigate without a complaint from the owner.
For a wider view of patents, designs and copyright, see our guide to protecting intellectual property in Oman.
Trademarks when setting up a business
A trade name recorded in the Commercial Register is not a registered trademark; a mark needs its own application. Build the search and filing into your set-up plan before spending on a logo and packaging. We handle this as part of our services for investors and companies.
Frequently asked questions
Is an unregistered trademark protected in Oman?
Exclusive rights come from registration, but well-known marks are protected even if unregistered in Oman, and an earlier user can seek cancellation of another's registration within 5 years.
How long does trademark protection last in Oman?
Ten years from the filing date, renewable indefinitely for further 10-year periods, with a 6-month grace period after expiry to file the renewal.
Do foreign companies need a local agent?
Yes. Applicants based outside Oman must act through a licensed IP agent resident in Oman. Applicants in Oman may file themselves.
What if someone files a mark similar to mine?
Oppose in writing within 60 days of publication, with evidence of your earlier rights. If it is already registered, you can ask the court to cancel a registration obtained without right.
Speak to an intellectual property lawyer in Muscat
Dr. Abdullah Al Rashdi Office, Advocates and Legal Consultants, in Al Khuwair, Muscat, handles trademark searches, filings, oppositions and counterfeiting cases. Message us on WhatsApp or call +968 92000841 to book a consultation.
This article is general information about Omani law and is not legal advice for a specific case. Every mark and dispute has its own facts, so please consult the firm before taking any step.