The words and phrases included in these Regulations shall have the meanings assigned for them in the GCC States Trademark Law. The following words and expressions shall have the meanings given below unless the context requires otherwise:
Competent Department: The authority concerned with the registration of trademarks in each GCC state.
Law: Trademarks Law of the GCC States.
Grievance Committee: A committee formed by a decree issued by the competent minister to consider grievances.
Priority: Referral to a previous application filed in one of the States.
The application for registering any trademarks shall be submitted on the form prepared for this purpose to the competent department by the concerned person if he has a domicile in the state or by his authorized agent in the state if recorded in the register of trademark registration agents, as determined by the competent department. The application shall be limited to the registration of a trademark of one category. The categories of products or services for which the trademark is required to be registered may be multiple in the same application with the approval of the competent department, in accordance with the International Classification of Goods and Services (Nice Classification) (NCL), as amended, and consistently with the general regime in each state.
The trademark registration application shall include the following data:
1. Photo of the trademark to be registered.
2. Name, address and nationality of the applicant. If the applicant is a legal person, then its name and address shall be mentioned.
3. Accurate description of trademark to be registered.
4. Products or services for which the trademark is to be registered, along with their categories.
5. Priority date and number and the state in which it was deposited (if any).
6. Signature of the applicant or his authorized agent. If the application is submitted by a legal person, the papers shall be signed by the authorized signatory and if submitted by an agent, his name and address shall be stated.
The trademark registration application shall enclose the following:
1. Four photos of the trademark corresponding to the trademark form existent in the registration application.
2. If the application is submitted by an agent, a copy of the agency agreement shall be attached with the original for conformity. The original copy must be duly authenticated and certified and translated into Arabic.
3. Evidence to practicing the profession or activity.
4. Proof to the payment of the application prescribed fees.
5. If the trademark required to be registered includes one or more words written in a foreign language, the applicant must submit a certified translation into Arabic and indicate how to pronounce it/them.
6. Sound marks shall be provided in accordance with a musical note or a written description.
7. Smells marks shall be given in a written description.
A. In case the applicant to register a trademark, or his successor, wishes to enjoy the right of priority on the basis of an earlier application filed in a state member in multilateral international agreement to which a GCC State is a party, the applicant shall have to attach to his application a statement indicating the date and number of the previous application and the state in which the application has been deposited, along with a copy of the previous application and a translation thereto into Arabic within six months from the date of submission of the previous registration application, for which he claims the right of priority, otherwise his right to claim it shall fall.
B. Original priority documents may be attached within three months from the date of submitting the application for registration.
The competent department shall examine the trademark registration application and decide upon it within ninety days from the date of its submission, either by accepting it if it complies with the conditions and procedures stipulated in the Law and the Executive Regulation or by rejection. The competent department shall inform the applicant of its decision in writing or electronically according to the address specified by applicant.
The competent department may request fulfilling the conditions or documents or may require introducing any amendments as necessary to modify the application, within ninety days from the date of notification thereof, otherwise it shall be deemed to have waived its application.
In case the competent department decided to reject or suspend the registration of the trademark on a certain condition, then the applicant or his representative may file a complaint before the Grievance Committee within sixty days from the date of notifying him with the rejection decision.
The competent minister in each of the GCC States shall constitute a committee to consider the grievances. The relevant decree shall determine the number of the committee members, the duration of membership, its working system and the remuneration of its members.