Legal overview Trademark Law in Qatar

Trademark Law in Qatar

Qatar has implemented the GCC Trademark Law, as well as the implementing regulations thereof, effective August 10, 2023. The national legislation that previously dealt with trademarks, Law No. 9 of 2002, is thus replaced by this move, which comes through Ministerial Decree No. 56 of 2023, as it puts Qatar on par with other members of the Gulf Cooperation Council-Bahrain, Kuwait, Oman, and Saudi Arabia. With this step, Qatar becomes the fifth GCC state to adopt the unified framework, leaving the UAE as the only remaining country yet to implement the GCC Trademark Law.

While the GCC Trademark Law seeks to unify trademark laws of the region, it does not establish a GCC Trademark Office or a unitary registration like the European Union's trademark scheme. Rather, each GCC country enforces it through its local trademark office. This article considers the substantial shifts that the new GCC Trademark Law will trigger in Qatar toward brand owners and trademark practices.

Key Changes Introduced by the GCC Trademark Law

The GCC Trademark Law, combined with its Implementing Regulations, has brought in a number of fundamental updates, such as the introduction of multi-class applications, shorter deadlines, better protection for well-known trademarks, and a refined classification system for determining the similarity of goods and services.

I.          Crisp Definition of Well-Known Trademarks

One of the most important novelties the GCC Trademark Law brings is the more defined concept of a well-known trademark. Article 4 of the Law actually brings Qatar closer to international standards regarding trademark protection and introduces a clearer criterion to define what a trademark could be called well-known. In conclusion, this results in more accessible protection for world-known brands and considerable predictability for trademark owners.

Under the new law, several factors are to be taken into account in determining whether a trademark is well-known, including the duration, extent, and geographical area of its use; the level of recognition among the relevant public; and the value associated with the mark. This will reduce subjectivity in decisions and improve consistency in protecting well-known trademarks in Qatar.

II.          Multi-Class Applications

Another important feature is the option of filing multi-class trademark applications. Article 9(1) of the GCC Trademark Law provides that the owner of a trademark may file an application for registration in one or more classes in one application.

Advantages of Multi-Class Applications are as follows:

i.        It reduces the administrative burden on the applicant.

ii.        Lower overall costs in comparison to separate applications for each class.

iii.       Simplification of renewal and recordal procedures.

On the other hand, this provision, according to GCC Trademark Law, is also made, which still none of the other states under the implementation of the GCC have adopted. For instance, no sign was reported that Qatar would immediately accept multi-class filing; therefore, the trademark owner should file application on separate papers for each class.

III.       Advanced Classification System

A more common problem with GCC trademark offices has been the tendency to treat goods and services in the same class as necessarily similar, or conversely, that goods in different classes are of course dissimilar. Article 9(2) of the GCC Trademark Law deals with this problem.

Under the new regime, goods or services are not considered similar because they fall in the same class and not different because they belong to different classes. This broader examination process leads to a more realistic assessment of market realities and helps avoid abuse of the classification system.

IV.        Shorter Opposition Period and Registration Process

The most practical change is the reduction of the opposition period from four months to 60 days (Article 14 of the GCC Trademark Law). This is a great improvement since it gives third parties sufficient time to prepare an opposition while accelerating the overall registration process.

Other time limits have also been reduced:

i.              The time to comply with examiner requirements has been reduced from six months to 90 days (Article 12(2)).

ii.            The time to appeal an opposition decision before the court has been reduced from 60 to 30 days (Article 15(3)).

iii.           These shorter deadlines reflect a broader effort to streamline the trademark registration process in Qatar and across the GCC.

V.            Temporary Protection During International Exhibitions

According to the Paris Convention, Article 21 of the GCC Trademark Law asserts that trademarks might be accorded provisional protection as well in internationally recognized national and international exhibitions. This article finds application to Qatari enterprises that intend to exhibit newly released brands or novel products during exhibitions in other countries.

VI.        90-day Limit for Application Examination

To speed up the registration process, the new law has established a 90-day limit for trademark examination (Article 12(4) of the GCC Trademark Law and Article 6 of its Implementing Regulations). This should lead to more efficient and faster service with fewer delays that applicants for trademarks have been subjected to.

Increased Official Fees

Despite the numerous positive changes, one aspect of the new regulations has caused worry among brand owners: the increased official fees for various trademark services. The increased fees are a burden to brand owners, adding to the already high cost of trademark protection in the region. The new framework does simplify processes, but the financial impact may deter some businesses from pursuing trademark registration.

Trademark Licensing and Cancellation

Under the old law, Law No. 9 of 2002, trademark licenses were effective only between the parties to the contract and could not bind third parties unless registered. Article 31 of the GCC Trademark Law removes the requirement of license registration for the purpose of being valid, though registration is recommended for more effective protection.

Another novel feature of the GCC Trademark Law is Article 33 relating to cancellation of license registrations. New provisions bar the unilateral cancellation of a license by either party without notice to the other party; the notified party has the right to appeal in court within 30 days to object to the cancellation. Such new provisions provide more protection for licensees and licensors in the sphere of law.

Implementation and Transition

The new law was effective July 10, 2023, according to the publication in the Official Gazette; but on July 13, 2023, the Ministry of Commerce and Industry, through the Intellectual Property Rights Protection Department, issued Circular No. 2/2023, stating that the Decision would start being enforced as from August 10, 2023.

This transitional period gave trademark agents and enterprises time to adapt to the new rules and procedures.

Conclusion

Qatar adopting GCC Trademark Law is a major step towards harmonizing trademark regulations in the entire Gulf region. Through this, there are several new good changes to be implemented, such as clear criteria for well-known trademarks, multi-class applications, shortened deadlines, and greater protections for licensees. However, an increase in official fees is one of the major drawbacks that could impact businesses, especially smaller ones, looking for trademark protection. The new law aims to make the trademark system more efficient and predictable, but balancing efficiency with affordability will remain a challenge in the future.

For brand owners, understanding the new framework is crucial to ensure that their trademarks are adequately protected in Qatar's evolving intellectual property landscape.