Trademark vital for protection of intellectual property rights
Using trademarks without protecting them through the Ministry of Commerce and Industry is often a reason for violations of their rights
Times News Service
MUSCAT: A trademark is important for a trader and a manufacturer and must be placed on their products and services so that they can be distinguished from others, said the Intellectual Property Department of the Ministry of Commerce and Industry (MoCI).
It is not possible to purchase products such as foodstuffs, cars, electrical materials and to avail of services such as those in restaurants, banks, commercial centres without a trademark, which normally attracts consumers to the products or services. The trademark is saleable and can be used by others with the permission of its owner, it added.
“Recently, some traders have been found using trademarks without protecting them through the MoCI. This is a reason for violation of their rights by others. Some trademarks are designed, such as those of famous entities. Therefore, such applications for their protection are being rejected by the ministry, Ali bin Hamad bin Saif Al Mamari, head of the Industrial Property Department at the MoCI, said.
“Some commercial agents also try to register a trademark owned by a non-Omani company. Therefore, they get a response saying that there is no objection if the trademark is used in the Sultanate. But this use does not give the second party the right to own it. It is only for use,” he added.
“Some people are in a hurry, which is a mistake. They want to use it before the initial decision. Without the completion of the entire process, the trademark is not considered as protected, and it can also be rejected either by the inspection department or by the objections of others,” Al Mamari said.
He also said that there were certain conditions, which have to be adhered to for obtaining and accepting the trademarks. These include that the trademark should not be contrary to public order, morality and Sharia, and should not contradict a trademark for which an application has already been filed. They have to be new, innovative and distinguished from others and should not be descriptive of products or services. “The name should not be misleading to the public such as words like new, excellent, healthy, quality as these words cannot be a monopoly for anyone. The trademark should also not include the names of others, their nicknames, photos, and should not contain public logos, country names, flags or symbols,” Al Mamari said.
“There are essential prerequisites for registering a trademark. Samples of the trademark must be submitted, and the application must be printed and completed. It requires procedures of approximately five months to link these procedures to legal periods. Before applying, one should ascertain if the trademark is worth registering and is innovative,” he added.