Requirements

Filing Requirements

Trademark/Service Mark Applications

1. A Power of Attorney duly legalized up to the Consulate of Oman.
2. A certified copy of the certificate of incorporation of the applicant company, an extract of its entry in the commercial register or a good standing certificate including all relevant information.
3. Fifteen Prints of the trademark.
4. A list of the goods and services to be covered by the application.
5. If priority is claimed, a certified copy of the priority document should be submitted to the Trademark Office in Oman within three months as of the filing date of the application.

Do I Need To Be Using My Trademark To Register It?

What Works Are Protected?

How Long Copyright Protection Endures

Frequently Asked Questions ( FAQ’s ) Do I have to register my trademark?

No, but registration has several advantages, including notice to the public of the registrant’s claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with the Goods or service set forth in the registration. Obtaining the rights in a trademark means obtaining the right to prevent others from using the same or a similar mark on the same of similar products or service. Unlike For patents and designs, the duration of a trademark right can be as long as you wish

Registrability

Not all trademarks are registrable. For a trademark to be registrable it must be new and it must be distinctive. If the trademark is not new or distinctive, it will not be possible to get a valid trademark registration. A trademark is only considered to be “new” if no-one else has used or registered it (or a similar mark) for use on products or services the same or similar to yours. For a trademark to be distinctive it must be more than just an obvious word or picture and it must not describe the nature or any features of the product or service concerned.

Trademark Searches

How do you know whether or not your mark is new? The best way is to have us conduct and/or arrange for searches of the relevant local and international databases (some of which can be accessed by subscription or by attendance only), to see whether there are any marks similar to yours already registered or for which an application for registration has been filed. Others searches can also e conducted to assist in determining whether there are similar marks in use, but which have not yet been registered or for which and application for registration has not yet been filed. Searching requires not only finding relevant marks but also the analysis of those marks and their registration documents to whether or not they might pose any difficulties for your mark.

What are the benefits of trademark registration?

2. Constructive notice nationwide of the trademark owner’s claim.
3. Evidence of ownership of the trademark.
4. Jurisdiction of federal courts may be invoked.
5. Registration can be used as a basis for obtaining registration in foreign countries.
6. Registration may be filed with U.S. customs service to prevent importation of infringing foreign goods.

Marks To Avoid When Choosing a Trademark or Service Mark

Descriptive – Descriptive marks are marks that describe the goods or services with which they are associated.

Generally, descriptive marks are not registrable. Descriptive marks may, however, become registrable upon a showing of what’s called secondary meaning.

Generic – Generic words are common words that describe an entire class of goods or services. These words do  not serve as an indication of the source of goods or services and should be avoided when choosing a potential  mark.

Geographically Misdescriptive or Deceptively Misdescriptive Marks – These types of marks are not registrable without a showing of secondary meaning.

Scandalous or Immoral Marks – These are marks that offend the conscience.

Surnames – surnames are not registrable without a showing of secondary meaning.

Deceptive marks – deceptive marks are not registrable.

The federal registration symbol may be used once the mark is actually registered in the U.S. Patent and Trademark Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered. The federal registration symbol should only be used on goods or services that are the subject of the federal trademark registration.

[Note: Several foreign countries use the letter R enclosed within a circle to indicate that a mark is registered in that country. Use of the symbol by the holder of a foreign registration may be proper.]