The Minister of Commerce and Industry issued Decision No. 56 of 2023 adopting the GCC Trademarks Implementing Regulations, in accordance with Law No. 7 of 2014 ratifying the GCC Trademarks Law.
The Decision was published in the Qatar Official Gazette Number 9 of 2023 dated 9 July 2023.
Adopting the GCC Trademarks Implementing Regulations gives full effect to the GCC Trademarks Law, replacing the articles related to Trademarks as included within Law No. 9 of 2002 with respect to Trademarks, Trade Indications, Trade names, Geographical Indications and Industrial Designs and Templates (Law No. 9 of 2002).
What are the main changes imposed by adopting the Decision?
- Deadlines:
The Decision specifies new deadlines related to trademarks registration procedures, which are mostly shorter than the previous deadlines provided by Law No. 9 of 2002. A comparison including the main deadlines is provided below:
| Subject | The deadline as per Law No. 9 of 2002 | The deadline as per the GCC Trademarks Law and the GCC Trademarks Implementing Regulations |
| Complying with the requirements or amendments imposed by the Trademark Office | 6 months (Article 12) | 90 days (Article 12 of the Law and 6 of the Regulations) |
| Appealing the decision of the Trademark Office rejecting the application or imposing requirements or amendments before the Appeal Committee | 60 days (Article 13) | 60 days (Article 13 of the Law and 7 of the Regulations) |
| Appealing the Appeal Committee’s decision before the court | 60 days (Article 14) | 60 days (Article 13 of the Law and 9 of the Regulations) |
| Filing an opposition against a published application | 4 months (Article 15) | 60 days (Article 14 of the Law and 12 of the Regulations) |
| Filing a counter opposition defending an application | 2 months (Article 15) | 60 days (Article 14 of the Law and 12 of the Regulations) |
| Appealing the opposition decision before the court | 60 days (Article 15) | 30 days (Article 15 of the Law) |
- Official Fees:
The Decision also provided a new table of official fees, increasing and decreasing the official fees for certain services. Below examples of the amended fees:
| Subject | Old official fees (QAR) (per application) | New official fees (QAR) (per application) |
| Registration fees per trademark | 2000 | 3000 |
| Opposition hearing fees | 25 | 500 |
| Renewal fees | 2000 | 3000 |
| Late renewal fees | 5000 | 4000 |
| Assignment fees with publication | 525 | 1500 |
| License registration with publication | 5025 | 2500 |
- License Registration and Cancelation:
As per Article 22 paragraph 2 of Law No. 9 of 2002, an unregistered trademark licence is only valid between the parties of the license agreement, with no effect against third parties. However, in accordance with Article 31 of the GCC Trademarks Law, registering the licence is not required and a written license shall be valid without the need of registration.
Also, paragraph 3 of Article 22 of Law No. 9 of 2002 provides that the licence registration shall be removed from the Registry on the request of the owner of the mark or the licensee, when the license expires. However, Article 33 of the GCC Trademarks Law and Article 33 of the GCC Trademarks Implementing Regulations prohibits cancelling the registration of the license by either the owner of the mark or the licensee without notifying the other party, granting the other party the right to object to the cancelation request before the court within 30 days of notification. Filing the objection before the court suspends the cancelation request until a final judgement is rendered by the court.
When will the Decision come into force?
According to the Official Gazette publication of 9 July 2023, the Decision came into force on the second day of publication; 10 July 2023.
However, the Intellectual Property Rights Protection Department at the Ministry of Commerce and Industry issued circular number 2/2023 on 13 July 2023 to all registered agents confirming that the Department will apply the Decision starting from 10 August 2023.
How Al Tamimi & Company can help?
If you have any questions or need further details about the new law and how it may affect you, please feel free to contact Al Tamimi lawyers mentioned below and we would be happy to assist. Our team of lawyers regularly advise and assist clients on all that is related to trademark protection, prosecution, enforcement, litigation and commercialization in Qatar and the wider MENA region.
Key Contacts
Omar Obeidat
Partner, Head of Competition and Intellectual Property
o.obeidat@tamimi.com
Rasha Al Ardah
Partner, Intellectual Property
r.alardah@tamimi.com