Qatar: Summary of the Trademark Registration System in Qatar

Qatar follows the international classification of goods and services, yet classes 1, 4 to 7, 10 to 14,16 to 22, 29 and 31 are not granted entirely under the Trademark Law. Products covered by class 33 and alcoholic drinks and beverages in class 32 are not registrable. The law has been amended so that a separate application should be filed with respect to each class of goods or services. According to the current procedures of registration, the Arabic transliteration of a word mark in Latin should be shown along with the Latin script, and both the Latin and Arabic scripts should be enclosed in a rectangular frame. The prints of a trademark originally in colours can be submitted in black and white, but the colours should be depicted by means of hatching prepared according to the Heraldic Code.

Once a trademark application is filed, the trademark is examined as to the form and substance, as Qatar follows the anteriority examination system. Accepted trademark applications are published in the trademarks Official Gazette. Any interested party may, within four months from the date of publication, oppose the registration of a published trademark. Opposition cases are referred to the civil court if not settled by the Registrar, or if either party appeals the Registrar's decision. In the absence of opposition, a published trademark is registered, and the relative certificate of registration is issued.

A trademark registration is valid for 10 years from the date of filing the application renewable for further consecutive periods of 10 years each. The renewal fees of a trademark registration can be paid during the last twelve months of the current protection period. There is a six 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. A separate application for the renewal of a trademark registration or any recordal is needed in respect of each class of goods or services as far as trademarks originally registered in more than one class.

The ownership of a registered trademark cannot be assigned except with the goodwill of the business concern. Unless an assignment has been recorded in the register and published in the Official Gazette of trademarks, the assignment shall have no effect vis-a-vis third parties. Changes in the name and/or address of a registrant, amendments not substantially affecting the identity of a trademark, and limitation of the list of goods or services covered by a trademark registration can be recorded as well. Use of trademarks in Qatar is not compulsory for filing applications nor for maintaining trademark registrations in force. Any interested party may request the court to order cancellation of a trademark registration if the owner fails to use such a trademark in the State of Qatar within five consecutive years from the date of registration.

Unauthorized use of a trademark registered under the law, an imitation of such a trademark applied on goods and/or used in respect of services of the same class, sale, storing for the purpose of sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods and/or services of the same class are offenses punishable under the law in Qatar.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

For further information you make also like to view the Intellectual Property Bulletins published monthly by Abu-Ghazaleh Intellectual Property - IP Bulletins