Qatar has officially adopted the Gulf Cooperation Council (GCC) Trademark Law on July 9, 2023, marking a significant milestone. This update, conveyed through Ministerial Decision No. 56 of 2023, has been published in the Official Gazette alongside the comprehensive Implementing Regulations, and will enter into force on August 10, 2023.
Since the late ‘80s, the GCC states, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates, have actively collaborated in intellectual property coordination. This fruitful collaboration led to the approval of the GCC Patent Regulations and the establishment of the GCC Patent Office in 1992, which commenced operations in 1998, ultimately granting its inaugural patent in 2002.
The GCC Trademark Law, in contrast to the GCC Patent Law, operates as a unifying framework rather than a unitary law, which establishes a consistent set of provisions for the prosecution and enforcement of trademark rights across all GCC states. However, it does not introduce a unified registration system. Instead, each GCC country’s Trademark Office will continue to serve as the receiving office, handling national trademark registrations. As a result, individuals or businesses seeking to register a trademark across the six GCC countries will still be required to submit separate national trademark applications for each jurisdiction.
With the adoption of the GCC Trademark Law by member states, the definition of a trademark has undergone a substantial expansion. Notably, Article 2 of the Law now encompasses color marks, sound marks, and smell marks as eligible trademarks, enabling the possibility of securing registrations for such distinctive marks across the entire GCC.
Moreover, the examination process has been harmonized, streamlining the timeline. Applications are now scrutinized within 90 days from the submission date. Subsequently, the Trademark Office (TMO) promptly notifies the applicants of their decision. It is important to note that a 90-day period is provided for applicants to respond to any office actions following the notification—rejection decisions can be appealed before a grievances committee within 60 days following the notification; otherwise, the application may be considered abandoned.
Additional salient features of the GCC Trademark Law include the publication of accepted trademark applications for opposition purposes. Interested parties are granted a 60-day window from the publication date to file oppositions, ensuring a fair and transparent process. In contrast, the outgoing opposition period was four months.
Under the new law, trademark registrations remain valid for 10 years from the filing date and can be renewed for subsequent periods. Late renewals benefit from a grace period of six months, allowing for flexibility.
Furthermore, the GCC Trademark Law recognizes famous trademarks that have achieved widespread recognition across member states, even if they are not formally registered. This provision ensures the protection of renowned trademarks within the GCC.
Following the adoption of the GCC Trademark Law, it is important to note that there will be an increase in official fees for all trademark-related matters, effective from August 10, 2023.
The adoption of the GCC Trademark Law in Qatar marks a significant milestone in the realm of intellectual property rights, fostering harmonization, expanding trademark scope, and promoting a more efficient and robust system of protection.
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