Getting your Trade Marks Registration in Qatar

Qatar is a country in Western Asia. With economy soaring high, Qatar has the fourth highest GDP (PPP) per capita in the world and sixth highest GNI per capita as per the reports in 2020. Not only with this, Qatar has been classified as a country of very high human development with third highest HDI in the Arab World. With a high-income economy, it backed by the world’s third-largest natural gas reserves and oil reserves. Qatar is the world’s largest exporter of liquefied natural gas, and the world’s largest emitter of carbon dioxide per capita.

With the discovery of oil, it transformed the State economy with the high standard of living for its citizen. Moreover, Qatar is one of the countries with the lowest tax rates in the world. As of International Monetary Fund reports of 2016, Qatar has the fourth highest GDP per capita in the world where it relies heavily on foreign labour to grow its economy. Regaining the title of the richest country in the world in 2012 Qatar’s per capita GDP at purchasing power parity (PPP) was $106,000 (QR387,000) in 2012, helping the country retain its ranking as the world’s wealthiest nation, where it overtakes Luxembourg in 2010. The research put Qatar’s GDP at $182bn in 2012 and said it had climbed to an all-time high due to soaring gas exports and high oil prices. The same study published that Qatar Investment Authority (QIA), with assets of $115bn, was ranked 12th among the richest sovereign wealth funds in the world.

Trademark in Qatar

The process of trademark registration in Qatar is governed by the Law no. 9 of 2002 pertaining to Trademarks, Commercial Indications, Trade Names, Geographical Indications, and Industrial Designs and Models. The Law prescribes that the following may be registered as marks especially when having a distinctive form: names, signatures, words, letters, numbers, designs, pictures, symbols, stamps, seals, vignettes, three-dimensional figures and any other sign or combination of colours, a single non-functional colour, a sound, a smell or a combination of signs, if used or intended to be used to distinguish the products of enterprises in the fields of industry, handicraft, agriculture, forestry, mining, goods sold or services offered.

The Law also prescribes those which cannot be registered as Trade Marks-

Signs devoid of any distinctive character, or which are merely descriptive of characteristics of the products or services or which consist of mere marks or indications which are the normal appellations which are in use for such products or services or their normal designs;

Any expression, design or sign contrary to morality or public order;

Public emblems, flags and other symbols and names or denominations relating to a State or to an international organization, as well as any imitation of such emblems, names, etc., unless a written authorization of the competent authority has been previously obtained

Official signs and hallmarks of a State relating to its control and guarantee of products and services, unless a written authorization of the competent authority has been previously obtained.

Signs identical or similar to the Red Cross or Red Crescent and other similar symbols;

The picture of a third party or his emblem, unless his consent has been previously obtained;

Indications of honorary distinctions to which the applicant cannot prove that he is legally entitled.

Filing Requirements

A single application for registration may be filed for a group of marks upon payment of the prescribed fee.

• Copy of the mark.
• Applicant info (name, address, and nationality).
• A list of the goods to be covered by the application (Classes) – translated to Arabic.
• Power of Attorney (POA): Original should be notarized and legalized at the Qatar embassy and submitted within 30 days of filing. (Late submission fees apply)
• A certified copy of the priority document in case claimed should be provided within 6 months of filing date.
• A copy of the commercial certificate translated to Arabic is required at filing.

In case for Trade Mark Renewal

• Details of the mark.
• Applicant info (name, address, and nationality).
• Power of Attorney (POA):
• A simple copy of the trademark registration certificate

In case for Trade Mark Assignment

• Details of the mark.
• Applicant info (name, address, and nationality).
• Details of the assignment specifications.
• An assignment document translated to Arabic and legalized at the Qatar embassy.
• Power of Attorney (POA)
• A copy of the commercial certificate translated to Arabic is required at filing.

Examination

The whole process of registration takes around 12-15 months where the application is examined by the TM office within the first couple of months. The examining authority post examination, will issue decision for either acceptance of the application where the publication fees should be settled and to publish the mark in the official gazette after 2 months where the trademark official gazette is issued at the beginning of every month. The examining authority can conditionally accept the application, you may appeal the decision or comply with the said conditions within a period of 60 days from the official notification date or comply with the said conditions within 6 months from the official notification date, otherwise the application would be considered withdrawn, or the application will be rejected where the applicant can appeal the decision within a period of 60 days from the official notification date, otherwise the application would be considered withdrawn.

Any interested third party can oppose the publication of the trademark application within 120 days from the date of publication in the official gazette. The applicant has 60 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.

(Time Limit may vary. Clients are requested to check the official website or be in touch with our attorney)

Trademark Renewal

For the trademark renewal, the process takes up 2-3 months to be completed. The renewal application should be filed within the last year of the valid protection period where 6 months grace period after the expiry of the valid protection period is granted for filing late renewal; subject to late penalty fees. After recording the renewal in the TMO database within 1 month from filing the renewal application, the renewal certificate will be issued. Finally, the certificate will be issued within one week where it will be valid for next 10 years.

Fees

The Trade Mark filing fee in Qatar is QR1,000. (Qatari Riyals)

Author: Saransh Chaturvedi (Advocate, LLM (IIT Kharagpur) – in case of any queries please contact/write back to us at support@ipandlegalfilings.com or   IP & Legal Filing.