Qatar Trademark registration
Legal basis is the Trademark Act No. (3) for the year 1978 which was put in force in January 25th, 1981. On June 15th, 2002, a new trademark Law No. (9) for the year 2002 on Trademarks, Trade Names, Geographical Indications and Industrial Models and Designs was passed. However, the Implementing Regulations of the said law had not yet been issued until now, but the law as it concerns trademarks was put in force from the date of publication according to the Implementing Regulations of the old law no. 3 of 1978.Ministerial Decision number 47 of 2005 was issued on March 6th, 2005 raising the official fees dramatically. The said decision was put into effect on June 26th, 2005. The 7th edition of the international classification of goods and services consisting of 42 classes is still in force (exception: class 33 and beers in class 32, because trademarks cannot be registered for alcoholic beverages).Trademark protection is obtained by registration. Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices and any combination of the mentioned signs. The following trademark types are registrable: trademarks, service marks and collective marks.
A trademark application has to be filed before the Trademark Office by a local agent. A power of attorney legalized by a Qatari consulate abroad is necessary. Foreign applicants do not need a domestic registration. A certified copy of the extract from the commercial register or incorporation certificate of the applicant should also be submitted.
The application is filed at the Trademark Office. A separate application has to be filed for each class. Only tradesmen can apply for trademarks. Foreign applicants need a local agent. The application process includes a formal and substantive examination, an examination of distinctiveness and a search for prior trademarks. 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 following a substantial examination system. The processing time from first filing to registration is approx. 12 to 14 months. Before registration, the trademark application is published in the Trademark Journal. The opposition period is 4 months from date of the publication. Opposition cases should be settled by the Trademarks Registrar which can be appealed before the civil court by any party.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years. 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 payment of additional fees.
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office.
If the trademark has not been used seriously within 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 none-use. 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.