Qatar

Overview & Legal Framework

Qatar follows the Nice International Classification of Goods and Services. However, Classes 1, 4–7, 10–14, 16–22, 29 and 31 cannot be fully protected under the trademark law; goods in Class 33 and alcoholic beverages in Class 32 are not registrable. Following an amendment to the law, a separate application must be filed for each class of goods or services. Trademarks may be filed in black and white, provided the colours to be protected are specified. Note: Trademark Law No. 9 of 2002 was issued on 8 June 2002 and published in the Official Gazette; its implementing regulations have not yet been issued.

Examination, Publication & Opposition

Upon filing, the mark is examined as to form and substance — Qatar applies a pre-grant examination system. Accepted applications are published in the Official Gazette, and any interested party may oppose the published mark within four months of publication. Opposition cases are referred to the civil court if not settled by the Registrar, or if either party challenges the Registrar's decision. Where no opposition is filed, the published mark is registered and the registration certificate is issued.

Protection & Renewal

Protection runs for 10 years from the registration date and is renewable for like periods. Renewal fees may be paid during the final twelve months of protection, with a six-month grace period for late renewal against a fine. Where a mark is registered in more than one class, a separate application must be filed for each class for renewal or for recording any entry.

Assignments & Recordals

A registered trademark may be assigned with or without the business. Unless the assignment is recorded in the Register and published in the Trademark Gazette, it has no effect against third parties. Changes to the owner's name and address, amendments that do not affect the essence of the mark, and restrictions to the list of goods and services covered may also be recorded.

Use Requirement

Use of a trademark in Qatar is not mandatory for filing or for maintaining the registration. Any interested party may petition the court to cancel the registration if the owner has not used the mark in Qatar during the five years following registration; a cancellation action is admissible only after the owner has been given one month's notice of the intended cancellation for non-use.

Enforcement

The following are offences punishable under Qatari law: unauthorised use of a registered mark; imitation of a mark and its use on the same goods in the same class with intent to sell; storage of such goods for that purpose or offering goods bearing a counterfeit mark; and unauthorised use of another's mark to promote goods of the same class.

Requirements

Filing Requirements

Trademark/Service Mark Applications

  • A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.
  • 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.
  • Five prints of the trademark.
  • 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.
  • The name, address, nationality, activity and legal status of the applicant and the nature of its business.

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

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