Significant progress has been made in trademark practice and cooperation within the region
Qatar has become the fifth Gulf Cooperation Council (GCC) member state to implement the GCC Trademark Law (the “GCC Trademark Law”). This marks significant progress in trademark practice and cooperation in the country. On July 9, 2023, the “Qatar Official Gazette” published the “Ministerial Decree No. 56 of 2023” (and implementation details). The decree aims to simplify the trademark registration protection and maintenance procedures in Qatar and will officially enter into force on August 10, 2023. Given that fees will rise significantly once the decree comes into force, interested parties would be wise to pay all outstanding official fees where possible at this time.
After years of negotiations among all GCC member states (Kuwait, Bahrain, Oman, Saudi Arabia, Qatar and the United Arab Emirates), the GCC Trademark Law was finally released in 2013. However, the law only takes effect in countries that have proclaimed and published the law (and national implementing regulations) at the national level. The UAE is currently the only GCC country that does not apply this law. Moreover, since the new UAE Federal Trademark Law has been introduced and entered into force in January 2022, it is unlikely that the UAE will apply the GCC Trademark Law in its current form. Although the Federal Trademark Act follows many provisions of the GCC Trademark Act, there are still some differences and extensions, please refer here .
Unlike the Gulf Cooperation Council Patent Law (the “GCC Patent Law”), the GCC Trademark Law is not a unified law. Brand owners are still required to protect their trademarks in each GCC member state where the law applies, and each member state still has considerable discretion in interpreting the law and its actual meaning. However, the purpose of the Act is to harmonize registration and enforcement practices across the region.
Qatar’s national laws were last updated through Law No. 9 of 2002. Therefore, the application of the GCC Trademark Law will result in some direct and significant practical changes (including changes in official fees), including:
- The review period should be 90 days from the date of application (it may take some time and some administrative reorganization before it becomes effective);
- If the application is conditionally approved, the applicant can submit a review within 60 days, or modify the application to meet the corresponding conditions within 90 days , otherwise the application will be deemed to have been abandoned;
- If the application is rejected, the applicant can submit a review within 60 days from the date of receipt of the notice , otherwise the application will be deemed to have been abandoned;
- Upon receipt of the approval decision, the applicant can pay the announcement fee within 30 days from the date of receipt of the notification, otherwise the application will be deemed to have been abandoned;
- The objection period is reduced from 4 months to 60 days .
Some official fee increases are listed below:
| old official fee | New official fees | |
| Application fee | 1,000 rials ($275) | 1,000 rials ($275) |
| announcement fee | 325 riyals (90 USD) | 500 riyals ( 140 USD) |
| Registration fee | 2025 Rials ($555) | 3,000 rials ( $ 825 ) |
| Renewal fee (including announcement fee) | 2,000 rials ($548) | 3,500 rials ( $ 960 ) |
| Objection fee (excluding application hearing fees) | 1,000 rials ($250) | 1,000 rials ($250) |
The increase in fees is not good news for many brand owners looking to expand or simply maintain trademark protection in this otherwise expensive region. However, it would also be good news to some extent if it leads to more efficient procedures and shortens the currently lengthy process of reviews, announcements and certificates of registration for enforcement purposes.
For further information, please contact:
Sinead Quigley, Rouse
squigley@rouse.com
