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Legislations of Qatar 5686 legislations - 58361 Articles
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Law No. 9 of 2002 with respect to Trademarks, Trade Indications, Trade names,...
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Chapter Three
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Registration Procedures
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Law No. 9 of 2002 with respect to Trademarks, Trade Indications, Trade names, Geographical Indications and Industrial Designs and Templates
Law Summary Record
Type:
Law
Number:
9
Date:
15/06/2002 Corresponding to 05/04/1423 Hijri
Number of Articles:
57
Status:
In force
Official Gazette :
Issue:
8
Offcial Journal Issue
Publication Date:
26/08/2002 Corresponding to 18/06/1423 Hijri
Page from:
120
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Section Name
Registration Procedures
9 Article
1 - The application for the registration of a mark shall be filed with the Office on the form prepared for this purpose, after payment of the prescribed fees.
2 - A single application for registration may be filed for a group of marks after payment of the prescribed fees.
3 - Without prejudice to the provisions of international or bilateral treaties and conventions effective in Qatar, if the applicant is not domiciled or does not have a real and actual establishment in the State of Qatar, he shall file the application for registration through an agent domiciled in the State of Qatar, provided that the application is accompanied by a certified power of attorney.
10 Article
Without prejudice to the provisions of international or bilateral treaties and conventions effective in Qatar, the applicant for registration of a mark may enjoy a right of priority on the grounds of an earlier application filed in another State, on the following conditions:
1 - The applicant shall append to his application a declaration indicating the date and number of the earlier application and the state in which it was filed.
2 - The other State shall be among those which grant Qatar reciprocal treatment.
3 - The applicant shall file, within a period of six months after the date of submission of the earlier application, a copy of the earlier application certified by the relevant authority in the other State in accordance with the conditions prescribed.
11 Article
If the Office finds that the application for registration does not comply with the provisions of this Law, it may reject it or impose whatever restrictions and modifications it deems necessary for defining and clarifying the mark to be registered more accurately.
The Office shall notify the registration applicant of its decision, by registered mail with acknowledgement of receipt, indicating the grounds thereof, within thirty days of the submission of the application.
12 Article
If the applicant fails to comply with the requirements or amendments imposed by the Office, within six months from the date of the notification referred to in the preceding article, he shall be deemed to be null and void.
13 Article
The applicant may within 60 days from the date of his notification thereof, appeal against the decision of the Office. The appeal shall be decided by a Committee formed by a resolution of the Minister which shall consist of three members under the chairmanship of a judge.
14 Article
The applicant may appeal against the decision of the Committee referred to in the preceding Article to the relevant Civil Court, within 60 days from the date he is notified of the decision by registered mail with acknowledgement of receipt.
15 Article
1 - In the event the mark is accepted or the resolution or decision issued under Articles 13 and 14 of this Law is in favour of the applicant the Office shall publicize the mark in the Gazette.
2 - Any person concerned may submit to the Office, within four months after the mark is publicized, a notice in writing of his opposition to the registration of the mark containing his reasons for opposition.
3 - The Office must send a copy of the notice of opposition to the applicant, by registered mail, within two months from the date the opposition is submitted.
The applicant may, within two months from being notified, furnish the Office with a written reply to such opposition, stating his reasons. If no reply is received during that period, the applicant shall be deemed to have abandoned the application.
4 - Before deciding on the opposition, the Office may hear the statements of both parties or either of them, or their agents.
5 - The decision of the Office regarding the opposition shall be subject to appeal to the relevant Civil Court within a period of 60 days after the date of the notification of such decision to the persons concerned by registered mail with acknowledgement of receipt.
6 - The mark shall be registered and recorded in the Registry after the final resolution or decision of its acceptance is issued. The registration shall have effect as from the date of filing the application, and shall be publicized in the Gazette.
16 Article
On registration of a mark, a certificate shall be issued to the owner containing the following information, as recorded in the Trademarks Registry:
1 -The serial number of the mark.
2 - The filing date of the application, the date of registration, the date of priority, if any, and the name of the State wherein the application was filed and on the basis of which the applicant enjoys the right of priority.
3 - The trade name or the details of the owner of the mark.
4 - A copy of the mark
5 - An indication of the goods or services for which the mark is registered and the number of the class or classes in which they are included.
17 Article
Any person may consult the Trademarks Registry free of charge and request, on payment of the prescribed fees, for details, extracts and copies.
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