Trade Mark

Filing Requirements

1. A Power of Attorney duly legalized up to Qatar Consulate from the applicant’s country 

2. Any official document that issued from Chamber of Commerce, Extract from the Commercial Register or any Governmental Establishment showing that the individual applicant is operating his own business or any other document that proving his right about the trademark

 
Collective Mark Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate. 

2. 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.
3. Five prints of the trademark.

4. 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.

5. The name, address, nationality, activity and legal status of the applicant and the nature of its business.

6. A copy of the priority document, in case priority is claimed.
 
Renewal of Trademark/Service Mark Registrations

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate, if we do not previously possess one.

2. The name, address, activity and nationality of the applicant and the nature of its business.

3. The trademark number.

Assignment Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate by the assignee.

2. A deed of assignment signed by both parties, authenticated and legalized up to the Consulate of Qatar.

3. A simple copy of the certificate of incorporation, or an extract of the entry of the assignee company in the commercial register.

Registered User/License Agreement Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate by the Licensee.

2. An authenticated license agreement in writing signed by the parties thereto and duly legalized up to the Qatari Consulate.

3. A simple copy of the certificate of incorporation, or an extract of the entry of the registered user company in the commercial register.
 
Change of Name/Address Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate in the new name and/or address.

2. A certificate proving the change of name or address.

Amendment of Trademark Applications

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate and stamped with the company’s seal.

2. An authenticated certificate showing the amendment. 
 

Agency Agreements

1. A Power of Attorney legalized up to the Qatari Consulate or any other Arab consulate.

2. An Agency Agreement executed by the Principal and the Agent, legalized up to the Qatari Consulate including:

a. Names and nationalities of the agent and the principal.

b. Goods, products and services, which are nominated in the Agency contract.

c. Rights and liabilities of the Agent and the Principal, and the Principal's responsibility towards his Agent's obligations with clarifying the proportion of profit or commission.

Note: In case no Qatari Consulate exists, legalization will be accepted from any Arab Consulate.

FAQ

T1: How long will it take to conduct a trademark search?
Normally, it takes 7 to 10 days by the Trademark Office to issue the search results. But rarely it takes 2 weeks and sometimes we get the result within 3 days upon personal request.

T2: Does your country use the international classification?
Yes, Qatar follows international classification of goods and services.

T3: Are there any goods or services for which the mark can not be registered?
Yes, goods in class 33 and alcoholic beverages in class 32 are not permitted to register as per Qatari Trademark Law.

T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
Normally protection is granted only for those goods specified in the application. It is possible to claim "all goods included in the class" for those classes which are granted entirely. Classes 1, 4 to 7, 10 to 14, 16 to 22, 29 and 31 are not entirely granted by the Qatar Trademark Law.

T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ? If so, what are its requirements?
No, as per Qatari Trademark Law it is not allowed to registrar a trademark in the name of more than one applicant.

T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
As per new practice of Qatar Trademark Office, supporting documents should be accompanied with new applications as late filing of documents is not acceptable unless a priority with short period deadline is to be claimed.

T7: Can one application cover more than one class of goods/services?
No, multiclass applications are not permitted by Qatari Trademark Law. Each class of goods or services are considered to be an independent application.

T8: May priority be claimed under the Paris Convention?
Yes, it is possible to claim priority under Paris Convention.

T9: What is the term of protection of a trademark? From what date is it calculated?
Protection term for registration and renewals are 10 years. (It is calculated from the filing date).

T10: Is marking compulsory and, if so, how should marking be made?
There are no provisions in the Qatari Trademark Law that organize trademark indications in our country. In general, the sign ® is used to indicate that the mark is a registered trademark, whereas the sign ™ is used to give an indication to a trademark.

T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose the registration or not?
Yes, original owner can oppose the registration of the trademark which is lapsed due to non renewal. However, his opposition cannot be on the basis of lapsed registration.

T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
Amendment of the form of trademark is permitted if the amendment is slight and not changing the substantial form of original mark and no certificate is required for such an amendment. Only a specimen of the new form of the mark is sufficient.

T13: Is use required before registration or for maintaining the registration in force?
Use of trademark is not compulsory for filing applications or for maintaining trademark registrations in force ; but lack of use could subject the trademark to cancellation from 3 rd parties.

T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
No, use of the trademark on one item is not sufficient to maintain the protection for all the goods covered by the registration.

T15: What are the types of use required?
Normally, presence of goods in the market is considered as use in our country. However, publication and advertisements may be used for argumentation for litigation.

T16: Can the assignment of an application be recorded?
According to the Qatari Trademark Law it is not allowed to record an assignment for pending applications. An assignment recordal can only be effected for registered trademarks.

T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
The recording of the license agreement is not compulsory, but highly recommendable in order to validate the use of the mark. Non recordal of license agreements may create difficulties in legal cases when trying to prove ownership.

T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
According to the Qatari Trademark Law it is not allowed to record a change of name, address, merger, assignment, license etc. for pending applications. An assignment recordal can only be effected for registered trademarks. (It is possible onlu for change of address ir change of name).

T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
Assignment can be recorded with or without goodwill. A consideration should be stated in the deed of assignment. The amount can be any nominal figure; say US$ 1.

T20: Can the trademark application be opposed and what is the opposition period?
Yes, any interested party can file an opposition against a trademark application. Time limit for opposition is 4 months from the date of the publication.

Summary

Qatar follows the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement, 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.
The prints of a trademark originally in colors can be submitted in black and white, but should specify the colors to be claimed.

Once a trademark application is filed, the trademark is examined as to form and substance, as Qatar follows the anteriority examination system. Accepted trademark applications are published in the Official Gazette of Trademarks. Any interested party may, within 4 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 will be 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 12 months of the current protection period. 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 the 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 are originally registered in more than one class.

The ownership of a registered trademark can be assigned with or without the goodwill of the business concern. Unless an assignment has been recorded in the register and published in the Official Gazette of Trademarks, it shall have no effect vis-à-vis third parties. Changes in the name and/or address of a registrant, amendments not substantially affecting the identity of the 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 or 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 Qatar within 5 consecutive years from the date of the registration. 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.

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.

Note: Trademark Law No. 9 of 2002 was issued on June 8, 2002 and published in the Official Gazette, but its Implementing Regulations have not yet been issued

 

QATAR IP Procedures & Filling Requirements

Patents

Filing Requirements

1. A Power of attorney duly legalized up to Qatar Consulate.

(The power of attorney can be lodge at a later stage). 

2. The complete specifications of the invention including abstract, claims in English with Arabic translation (The Arabic translation may be submitted at a later stage).

3. One set of the drawings relating to the invention, if any.

 

FAQ

P1: Can a patent search be conducted?

Yes.

 

P2: Can a patent application be filed without its complete documents?

Yes.

 

P3: Can convention priority be claimed? (Paris Convention)

Yes, within12 months from the date of first filing of the priority application.

 

P4: Is it possible to enter national phase of PCT application?

Yes, within 30 months from the earliest priority date.

 

P5: What is not patentable in Qatar?

According to Patent Law No. 30 of 2006, patentability shall not include: 

 

a) Scientific theories, mathematical methods, computer programs, exercise of pure intellectual activities, or practice of a specific game; 

b) Plants and animals researches, and essentially biological processes for the production of plants or animals other than microbiological processes and its productions. 

c) Diagnostic, therapeutic and surgical methods for the treatment of humans or animals and its productions;

 

P6: What is the term of protection of a patent and from which date is it calculated? Can it be extended?

 

Twenty (20) years starting from the Qatar filing date, (in case of PCT, starting from the PCT filing date). The term of protection is non-extendable.

 

P7: Are utility models granted protection in Qatar under the Current Law?

Not applicable.

 

P8: Is there a novelty requirement? Is it local or worldwide?

Yes, worldwide.

 

P9: Is the patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?

Not applicable.

 

P10: Can annuity payments be made before the granting of the patent?

No.

 

P11: In what language should specifications and claims of the patent be filed?

In Arabic & English.

 

P12: Is it required to legalize the priority document?

No, certified copy of the priority document is required for application filed claiming any foreign priority for non PCT applications.

 

P13: Is it required to submit a certified copy of the priority document for PCT applications?

No.

 

P14: Can the specifications or claims be amended after filing the application?

Yes, but before the application reaches examination stage.

 

P15: When will the annuities be due for patent application in Qatar?

Annuities are due on the anniversary of international filing date for PCT national phase application and on the anniversary of the national filing date for non PCT application (priority and non-priority application)

 

P16: Are annuities payable only after grant of the Patent?

No. They should be timely settled throughout the term of the patent in Qatar starting from the next year of filing the application or from the PCT filing date.

 

P17: Is there any grace period for the payment of annuity?

Yes, Annuity should be paid within 6 months from the due date. 

 

P18: Is it possible to pay the maintenance fees all at once?

Yes, it is possible to pay the annual fees in advance for the entire term till the end of the protection period or in parts thereof.

 

P19: Does Patent Office send notifications for due/lapsed annuities?

No. The same has to be monitored by client’s agent or annuity service

 

P20: Does the Patent Office publish the patent applications in the Official Gazette?

Yes, accepted patents are published in the Industrial Property Journal.

 

Summary

Qatar has become a member of PCT on August 11, 2011.

Qatar is a member of the Gulf Cooperation Council (GCC) Patent Office. It is a regional office for the GCC, which comprises the United Arab Emirates, Kingdom of Bahrain, Kingdom of Saudi Arabia, Sultanate of Oman, State of Qatar and State of Kuwait. Certificates of patents granted by the Office secure legal protection of the inventor's rights in all member states. 

The Qatar Patent Office has started accepting PCT national phase applications as of September 2012.

The official fees of national phase applications are the same fees of regular applications. The documents required at the time of filing are the patent text in English and Arabic in addition to the details of the PCT application.

The legalized Power of Attorney must be submitted within (3) three months from the application filing date with late filing fees.

Patents shall be available for all inventions, whether products or processes, in all fields of technology, provided that they are new, involved an inventive step, and are capable of industrial application. 

The patent subject may be in form of material products, an industrial process or a manufacturing technique.

• Subject to the law hereby, patentability shall not include:

a) Scientific theories, mathematical methods, computer programs, exercise of pure intellectual property activities, or practice of a specific game;

b) Plants and animals, and essential biological processes for the production of plants or animals other than microbiological processes;

c) Diagnostics, therapeutic and surgical methods for the treatment of human or animals. 

All patent applications filed at the Qatar Patent Office are subject to substantive examination and are bound to meet the above mentioned patentability criteria for receiving acceptance by the Patent Office.

The administration shall notify the applicant should the application be rejected and the applicant may file a petition to the competent committee within a period of 90 days as of the date of notification.

Any interested party may file an objection thereon to the competent committee within a period of 60 days from the date of publication. The letters patent or the utility certificate shall be issued to the applicant if no objection has been filed during the specified period.

According to the Qatar Patent Law, annual maintenance fees are due on the anniversary of the International filing date for the national phase of PCT applications and on the anniversary of the national filing date for non-PCT applications (including both priority and non-priority applications). 

A patent is valid for 20 years starting from the Qatar filing date, (in case of PCT, starting from the PCT filing date). The term of protection is non-extendable.

Design

Filing Requirements

1. The name, address, nationality, nature of business, etc., of the owner of the industrial model or design.

2. The title of the design and the particulars of the home registration or any other registration.

3. A summary description of the design in English.

 

Summary

Industrial Designs Law No. 9 of 2002 was issued on June 8, 2002 and published in the Official Gazette in Qatar, but the Implementing Regulations have not yet been issued.

As there are no statutory design laws in force in Qatar, the only available means for protecting designs is publishing cautionary notices in Arabic and English in local newspapers.

Cautionary notices define the owner's interest in industrial property, announce the ownership thereto, and alert the public against any possible infringement. Such publication of notices could be of considerable assistance in case of litigation.

There is no standing regulation as to when a cautionary notice should be republished. A cautionary notice is not as effective as a registration and is not deposited with any government department. Consequently, republication of cautionary notices at reasonable intervals acts as a reminder to the public and helps ward off eventual infringers.

Copy Rights

Filing Requirements

The Copyright Protection Office has not specified the filing requirements for works to be filed by agents. However, Article 36 of the law states that the owners and the authors of intellectual works who want to file their applications and to deposit their works with the office should submit the following:

1. The name of the author or authors in case of joint works.

2. The subject of the work.

3. Five copies of the work.

4. A detailed specification of the work.

5. A written declaration of the ownership of the work by the author or authors.

6. A written declaration by the author or authors specifying the manner in which they choose to publish the work.

7. Approval of the work by the competent department in the Ministry of Information in accordance with the provisions of the Publications Law.

Summary

The Qatari Copyright Law No. 25 of 1995 was issued on July 22, 1995 and published in the Official Gazette No. 14 dated August 12, 1995. The Implementing Regulations have not yet been issued; thus delaying the implementation of the law.

Currently, it is possible to deposit a copyright work with the Copyright Protection Office; however, it is not possible to settle the relevant fees and no filing certificate will be issued. The Copyright Protection Office will keep the application in its custody till the issuance of the Implementing Regulations of the law. In evidence of submitting a copyright work, the office will provide a letter stating that it received the work only.

Protection will be granted to authors of literary, artistic and scientific works whatever the value, kind or purpose or expression of the work is. Generally, the protection will be provided for works whose means of expression is writing, sound, drawing, image or motion picture. It also includes creative titles and computer software.

Qatar is a member of the Berne Convention for the Protection of Literary and Artistic Works.
 
Note: A new law on the Protection of Copyright and Neighboring Rights (Law No. 7 of 2002) was issued in Qatar but the Implementing Regulations have not yet been issued. 

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