SAIP also clarified that geographical indication collective marks can be registered for products that have a specific geographical origin and characteristics or reputation attributed to that origin, expressing that their registration as collective marks contributes to distinguishing the geographical origin, materials, or method of manufacture or other common characteristics of goods or services provided.

It is required to include the following along with the trademark application:

• Power of attorney, legalised;
• The exact description of the trademark;
• Certified copy of the bylaws of the union or organisation requesting the registration, with its amendments;
• An indication of the persons entitled to use the mark and their relationship with the applicant, and
• A legalised affidavit that the applicant (organisation) will closely monitor the use of such mark by its affiliate members and an explanation on how members are qualified for membership in the organisation.

For more information, please contact saudi-arabia@qumsieh.com.

This law is drafted to cope with the rapid economic changes in the international arena, and will encompass new procedures, definitions, provisions and regulations regarding trademarks and geographical indications.

The main features of the new law can be summarized as follows:

1. The opposition period will be reduced to three months instead of 6 months.
2. A grace period of one year to renew registered trademarks in stead of three months as previously applied.
3. New provisions regarding the protection of geographical indications.
4. Special clauses regarding recording assignment and license agreements.
5. Tough penalties for infringement & illegal use.

The most significant features brought by this trademark act are:

Registration of Service Marks:
It is now possible for entities or individuals providing services of any description in connection with commercial, business or industrial matters to register their marks.

Multi-Class Applications:
In an effort to simplify the registration procedures, it is now possible to file a single application to cover multiple classes of goods and services.

Protection & Renewal Terms:
The protection and renewal periods have been amended from 7 to 10 years.

Appellate Board:
An Appellate Board has been established with headquaters in Chennai, however, it also has sittings in Kolkata, Mumbai, Delhi and Ahmedabad depending on the work demand. This board will facilitate speedy disposals of appeals, which were previously handled by the High Court. It is worth mentioning that it will not be bound by the Civil Code, nevertheless, it shall be guided by the principles of natural justice.

Well Known Trademarks:
This provision was adopted to accommodate the requirement of Article 16 of the TRIPS Agreement. By it, well known marks now enjoy protection even if neither registered nor used in India.

Single Register:
The registration system in Part A and B has been replaced by a single register, thereby eliminating any discrimination between applicants and granting them equal rights and opportunities.

Registration of collective marks:
Under the new law “Associations” can obtain registration of collective marks (whether they are trade or service marks) for use by their members.

Associated Goods & Services:
The new act grants registered proprietors of trademarks preemptive rights over associated services and vice versa.

Use of Trademark as Corporate Name:
The protection of a trademark is extended to prevent any “corporate” or “business concern” from using a third party’s mark as its trade name or name of its business concern in respect of goods or services covered by the registered mark.

Punishment of Offences:
Sale of imitated goods or falsification of trademarks is punishable by a minimum of 6 months imprisonment which can be extended to 3 years and a fine of 50.000 rupees to 3 lakhs.

Jurisdiction of Courts:
The courts have been empowered to grant injunctions and other interlocutory orders relating to seizure of infringing goods and other evidence and restraining offenders from disposing of evidence in a manner which may adversely affect the plaintiff’s ability to recover damages or remedies.

Assignment of Unregistered Marks:
It is now permitted to assign unregistered marks without the goodwill.

Defensive Registration:
With the advent of the concept of well-known trademarks and the inherent right to secure registration for associated goods or services, the need for registering a trademark in other classes as a defensive mechanism is no longer required.

The major aspects of this new law:

1. Well-Known marks are protected even if they are not registered in Qatar.
2. Powers of attorney are to be legalized up to the Qatar Consulate (previously, simply signed powers were required).
3. Oppositions are to be notified to the applicant within two months instead of four. Replies to oppositions are to be filed within two months also.
4. Cancellation actions based on non-use will be approved, in case the registered owner does not use the mark in question within a one month grace period which will be granted by the Industrial Property Office as a last chance to keep the registration.
5. A trademark can be assigned with or without the enterprise (under the previous law, the assignment had to be with the enterprise).
6. Recordal of assignment in which one of the parties is a non-Qatari entity does not require the consent of the Minister of Economy & Commerce.
7. A collective mark can be assigned with the consent of the Industrial Property Office, where previously this required the consent of the Ministry of Economy & Commerce.