How to avoid legal issues related to trademarks in Oman?

A trademark is a unique sign that a business can use to identify its products and services. It is a form of intellectual property that requires legal protection because it acts as your business identity. The growth of a business is highly dependent on its brand, so if your brand can earn customer trust and recognition, then it can be considered a good competitive advantage. At times, trademark legal issues may arise, such as a similar-sounding product name or a resemblance between the products and services. Businesses should conduct a thorough trademark search before filing applications. After registration, they must continuously monitor their marks to prevent unauthorised use.

Importance of Trademark Registration in Oman

The Ministry of Commerce and Industry (MOCI) is the governing authority for trademarks in Oman. In Oman, trademark protection is governed by the Industrial Property Rights Law (Royal Decree No. 67/2008). Royal Decree No. 33/2017 has made a significant step in Oman’s trademark legislation by aligning the nation’s trademark legal framework with the standards of the GCC. A registered trademark in Oman will be helpful to take legal action in case of infringement.

Trademark search in Oman

A trademark search is mandatory before proceeding with the trademark application. By conducting a trademark search, you will be able to determine if there is any similar trademark to yours in the Jurisdiction. A trademark search can be conducted by name, registration number, or classification. With guidance from Jitendra Trademark and Patent Services, one of the major trademark agents in Oman, this process becomes seamless and efficient. Ensure that your mark is not confusingly similar to any existing mark; if so, then it could lead to legal disputes and could affect your brand name.

Register your brand in the right class

Oman follows the Nice classification system for trademark registration. The Nice system categorises goods and services into 45 classes. To successfully register your mark, businesses should select the relevant class that corresponds to their products and services. One of the significant benefits of this classification is that it ensures that marks similar to each other are not registered for related goods and services.

Use your trademark consistently

Businesses should use their trademarks consistently to market their products and services. Utilise your mark in packaging and online media to promote your products, which will enhance your brand name and prevent others from infringing on your intellectual property. Proper usage of a trademark will improve the value of the mark, as well as your brand, and also strengthen the business’s position to enforce its rights.  

Trademark monitoring and enforcement in Oman

Businesses can detect unauthorised use of their mark in the early stages by regularly monitoring trademarks. A Trademark owner can utilise legal strategies to enforce their rights in Oman, thereby maintaining the reputation of their brand. If a business fails to monitor its trademark properly and infringing products are distributed in the market, it can confuse customers and negatively impact brand value, ultimately affecting business growth. The trademark owner can seek damages in the event of infringement and may also request the seizure of the infringing goods.

Renew your trademark for legal protection

A registered trademark is valid for 10 years in Oman from the date of application, and it can be renewed for an additional 10 years thereafter. Businesses can file a renewal application 12 months before the expiration date. If you miss the expiration date for renewal, you can still renew your trademark within a 6-month grace period by paying the late fee. Failure to renew your trademark within the proposed period can result in the loss of trademark rights.

Partner with Jitendra Trademark and Patent Services to avoid legal issues related to trademark:

Businesses in Oman should be aware of the legal issues that can arise with their trademark and how they will affect the growth of their business. In Oman, trademark registration involves several steps, including conducting a trademark search, selecting the correct class, and providing a detailed description. Jitendra Trademark and Patent Services can help businesses in Oman with the trademark registration process. Our professionals are well-versed in the Omani trademark law, and we can help you with trademark monitoring and enforcement.