IP/N/l/QATlfll Page 2
LAW ON TRADEMARKS, COMMERCIAL INDICATIONS AND
INDUSTRlAL DESIGNS.
fPIN/l/QAT/I/l Page 3
T A 11 T nl\.T rr'R A DE?\ If A D KS COl\ tfl\ /fDD I'T A TL r-l. VY V 1 v 1. \...rl. .1Yl..rl.1."--l, 1V1.1V1.L1.'-v 1..Ll.L
INDICATIONS AND INDUSTRIAL DESIGNS
n:\orgarab\shared\eorresp\eQuntry\qatar\trademark.eopyrightlaws.doe IO/pe February 20, 2001
IP/NII/QAT/II] Page 4
DRAFT LAW C... ) OF 1999
ON TRADElv1ARKS; CONITv1ERCIAL INTIICATIONS, TRADE NAi\1ES,
GEOGRAPHICAL INTIICATIONS ANTI INDUSTRIAL DESIGNS
We, Hamad Bin Khalifa AI-Thani, Emir of the State of Qatar,
Having seen the amended Provisional Constitution, especially Articles 23, 34 and 51 thereof,
and
Law No. 11 of 1962, Establishing the Commercial Register, and amending laws, and
Law No. 14 of 1971 promulgating the Penal Code of Qatar, and amending laws, and
Law No. 15 of 1971, promulgating the Law of Criminal Procedure, and amending Laws, and,
Law No. 16 of 1971 promulgating the Law of Civil and Commercial Matters, and
Law No. 17 of 1987 promulgating the amended Law No.3 of 1978 on Marks and
Commercial Indications, and
Law No.9 of 1995 amending Decree-Law No. 25 of 1990 concerning organization of the
investment of Foreign Capital in Economic Activity, and
Decree-Law No. 22 of 1993 concerning the organization of the Ministry of Finance, Economy
and Trade and specifying its functions, and
Decree-Law No. 24 of 1995 concerning the accession of State of Qatar to the Agreement
establishing the World Trade Organization and the attached Multi-Lateral Trade
Agreements, and
The proposal of the Minister of Finance, Economy and Trade, and
The Draft Law submitted by the Council of Ministers, and
Having consulted the Advisory Council,
Promulgate the following Law:
fPIN/1/QA TlfIl Page 5
CHAPTER I
General Provisions
Article 1
Unless otherwise required by the context, the following tenus shall have the meanings
hereby respectively attributed to them:
Ministry: Ministry of Finance, Economy and Trade;
Minister: Minister ofFinance, Economy and Trade;
Department:
Office:
Mark:
Bulletin:
Trademark:
Department of Commercial Affairs of the Ministry;
Industrial Property Office;
Any sign that distinguishes a tradesman, a manufacturer or a service
provider;
Industrial Property Bulletin
Any visible sign capable of distinguishing the products of one enterprise of
at tradesman, a manufacturer or a service offerer;
IP/N/1/QAT/l/l Page 6
Service mark: Any visible sign capable of distinguishing the services of one enterprise
from those of other enterprises;
Collective mark: A mark used or intended to be used by different enterprises for their
products or services under the control or the inspection of the owner of the mark, who may be
a private or public juridical person.
Group of marks: A group of marks the essential elements of which are identical, their
differences being confined to matters not substantially affecting their identity, such as the
color of the marks or the products or services to which the marks relate, provided that such
nroducts or services belong: to the same class: ~ ~ ,
Trade name: The name identifying and distinguishing the exploitation enterprise owned
by a natural person or legal entity;
Geographical indication: Any expression or sign indicating the geographical name of a
country, region, locality or place which serves to designate a product originating therein the
quality, characteristics and reputation of which are due exclusively or partly to the
geographical environment, the natural or human factors of such origin.
IP/'.l/l/QAT/l/I Page 7
CHAPTER II
Rig-ht to Register a Mark
Article 6
The following may be registered as marks especially when having a distinctive form:
names, signatures, words, letters, numbers, designs, pictures, symbols, stamps, seals,
vignettes, three-dimensional figures and any other sign or combination of colors, a single
nonfunctional color, a sound, a smell or a combination of signs, ifused or intended to be used
to distinguish the products of enterprises in the fields of industry, handicraft, agriculture,
forestry, mining, goods sold or services offered.
Article 7
Notwithstanding the provision of Article 26 of this Law, the person who registered the
mark shall be deemed to be the absolute owner thereof. The ownership of a mark may not be
contested if the person in whose name the mark is registered has made uninterrupted use of it
for a period of five years from the date of registration without any legal action for the
invalidation of the mark being initiated.
Article 8
The following may not be registered as marks or as component elements of marks:
IP/NI IIQAT/I/l Page 8
(i) Signs devoid of any distinctive character, or which are merely descriptive of
characteristics of the products or services or which consist of mere marks or indications which
are the normal appellations which are in use for such products or services or their normal
designs;
(ii) Any expression, design or sign contrary to morality or public order;
(iii) Public emblems, flags and other symbols and names or denominations relating to
a State or to an international organization, as well as any imitation of such emblems, names,
etc., unless a written authorization of the competent authority has been previously obtained;
(d) Official signs and hallmarks of a State relating to its control and guarantee of
products and services, unless a written authorization of the competent authority
has been previously obtained.
(v) Signs identical or similar to the Red Cross or Red Crescent and other similar
symbols;
(vi) The picture of a third party or his emblem, unless his consent has been previously
obtained;
(vii) Indications of honorary distinctions to which the applicant cannot prove that he is
legally entitled;
IP(\J/l/QAT/lI] Page 9
(viii) Signs which are confusingly identical or similar to a mark already filed or
registered by a third party for identical or similar products, services or well-known signs even
if they are not filed or registered in Qatar
(sic) irrespective of the identification or similarity of the goods or related services or for
which registration is sought;
(ix) Signs likely to deceive the public or which contain false indications as to the
origin or other characteristics of the goods or services, as well as signs containing a fictitious,
falsified or counterfeit indication or a trade name;
(x) Marks identical or similar to religious symbols;
CHAPTER III
Re2"istration Procedure
Article 9
(l) The application for registration of a mark shall be filed with the Office on the
form prepared for this purpose, upon payment of the prescribed fees.
(2) A single application for registration may be filed for a group ofmarks upon
payment of the prescribed fee.
(3) Notwithstanding the provisions of international or bilateral agreements to which
the State of Qatar is party, and where the applicant is not domiciled or does not have a real
and effective domicile in the State of Qatar, he shall file the application for registration
IP/N/J/QAT/I/l Page 10
through an agent domiciled in the State of Qatar. The application shall be accompanied by a
certified power of attorney.
Article 10
Notwithstanding the provisions of international or bilateral agreements to which. the
State of Qatar is party, the applicant for registration may enjoy the right ofpriority on the
ground of an earlier application filed in another State, on the following conditions:
(i) The applicant shall append to his application a declaration indicating the d ate and
number of the earlier application and the State in which it was filed;
(ii) The other State must be a State treating to the State of Qatar reciprocally;
(iii) The applicant shall file, within six months from the filing date of the earlier
application, a copy of the earlier application certified as correct by the competent authority in
the other State as required.
Article 11
If the Office finds that the application for registration does not comply with the
provisions of this Law, it may refuse the application or impose whatever restrictions and
modifications as it may consider necessary for defining and clarifying the mark more
accurately.
IP/N/I/QAT/I/l Page II
A reasoned decision to that effect shall be notified to the applicant by registered mail.
Article 12
If the applicant fails to fulfil the conditions or effect the modifications imposed by the
Office, within six months from the date of the notification referred to in the preceding Article,
he shall be deemed to have abandonned his application.
Article 13
The applicant may, within 60 days from the date of the notification referred to in
Article 11 of this law, appeal against the decision of the Office. The appeal shall be made to a
committee formed by an order of the Minister, composed of three members and presided by a
chief of a judicial court. The committee shall examine the appeal and issue a decision
thereon.
Article 14
The applicant may appeal against the decision of the committee referred to in the
preceding Article to the civil court, within 60 days from the date he is notified ofthe
committee's decision by registered mail.
Article 15
IP/N/I/QATlIIl Page 12
(1) Where a mark is accepted or where the decision or a judgment under the two
preceding Articles is in favor of the applicant, the Office shall publish the mark in the
Bulletin.
(2) Any concerned person may oppose the registration of a mark by addressing to the
Office, within four months from-the 'date of publication of the mark, a notice in writing,
stating his reasons for such opposition.
(3) The Office shall send a copy of the 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, Ifno reply is received during that
period, the applicant shall be deemed to have abandoned his application.
(4) Before deciding on the opposition, the Office shall hear 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 Civil Court within a period of 60 days from the date of the transmittal, by registered mail,
of the notification of such decision to the person concerned.
(6) The mark shall be registered and recorded in the Register after the decision or
final decision that it is accepted is issued. The registration shall have effect as from the filing
date of the application and shall be published in the Bulletin.
IP/N/!/QATII/l Page 13
Article 16
On registration of the mark, a certificate shall be issued to the owner containing the
(i) The serial number oI-me mark,
(ii) The filing date of the application, the date ofregistration, the date ofpriority, if
any, and the name of the State wherein the application was filed and on the basis of which the
applicant claims priority,
(iii) The trade name or the name and surname of the owner of the mark and his
address,
(iv) a copy of the mark,
(v) a list ofthe products or services for which the mark is registered and the number
of class to which they belong.
Article 17
Any person may consult the Trademark Register free of charge and obtain, on payment
of the prescribed fees, for particulars, extracts or copies.
CHAPTER IV
Duration of Protection and Renewal of Registration
IPIN/] /QAT/I/ 1 Page [4
Article 18
(1) The duration of the protection of a mark shall be ten years from the date of the
filing of the application for registration. The owner of the Mark may ensure the continuation
of the protection for further consecutive periods of ten years by renewal of the registration in
conformity with the terrnsand conditions provided for in the following Article.
Article 19
renewal fee.
(2) At the time of renewal, no change may be made in the mark or the list of products
or services in respect of which the mark is registered.
(3) (a) The renewal fee shall be paid in the course of the last year of the current
protection period.
(b) A grace period of six months shall be granted for the payment of the renewal
fee after the expiration of the current protection period. This case, the owner of the mark shall
be required to pay the prescribed surcharge.
(4) Renewal of a registration shall be published in the Bulletin.
(5) A mark which is not renewed may not be registered for the benefit of a third party
in respect of identical or similar products or services until three years have elapsed after the
expiration of the protection period.
IP/N/l/QAT/I/l Page 15
CHAPTER V
Effects of Registration
Article 20
Registration of a mark shall confer upon its owner the right to prevent third parties from
using his mark, or a sign resembling it in such a way as to be likely to mislead the public, for
products or services in respect of which the mark is registered or for similar products or
services,
CHAPTER VI
Assignment and Transfer of Ownership of Registered Marks
Article 21
(1) The ownership of a registered mark cannot be assigned or transferred except with
the enterprise in respect of which the mark is used to distinguish its products or services.
(2) If the ownership of an exploitation enterprise is assigned or transferred without a
given mark, the person assigning or transferring the ownership may, in the absence of an
agreement to the contrary, continue to use that mark for products or services in respect of
which it was registered.
IP/N/l/QAT/I/l Page 16
(3) The assignment of a mark shall be in writing. It shall be signed by the contracting
parties, before the competent officer of the Office or the signatures thereof officially
authenticated by the competent authentificating authority. If the transfer of ownership is
made through a merger of enterprises or by way of succession, it may be proven by a
document furnishing evidence of the transfer of ownership.
(4) The assignment and transfer of ownership of a mark shall be recorded in the
Register upon payment of the prescribed fee.
(5) Assignments and transfers of ownership of marks shall have no effect against
third parties until they have been recorded in the Register and published in the Bulletin.
(6) The assignment or transfer of the ownership of a mark shall be considered null
and void if it is likely to mislead the public as regards the nature, source, manufacturing
process, characteristics or utility of the goods or services in relation with the trademark or
collective mark is used or intended to be used.
CHAPTER VII
License Agreement
Article 22
(1) The owner of a mark may, by contract, grant to any other natural person or legal
entity a license to use the mark for all orpart of the products or services in respect of which
the mark is registered. The duration of the license may not be longer than the legal protection
period of the mark.
IPIN/l/QAT/Ill Page 17
The license agreement must be in writing and must be signed by the contracting
parties as indicated in paragraph (3) of the preceding Article. The owner of the registered
mark shall be required to exercise continuous quality control on the licensee as regards the
goods and services in connection with which the mark is used.
(2) The license agreement.shall be recorded in the Register on payment of the
prescribed fee and shall have no effect against third parties until such recording is effected.
(3) The recording of a license shall be removed from the Register, at the request of
the owner of the mark or the licensee, upon expiration of the license.
(4) The Office may proceed, on its own or on the request of a concerned party, to
cancel the recordation of a license where it is proved that owner of the mark does not provide
for quality control as regards the goods and services in connection of which the mark is used
as prescribed in paragraph (3) of this Article.
(5) In the ;bsence of provision to the contrary in the license agreement, the owner of
the mark shall have the right to grant licenses for the use of the mark and continue to use it
himself.
(6) A license shall not be assignable to third parties and the licensee shall not be
entitled to grant sub-licenses unless otherwise agreed.
IP/N/1/QAT/IIl Page 18
CHAPTER VIII
Renunciation, Removal and Invalidation
Article 23
(1) The owner of a mark may renounce the registration of his mark or restrict the
registration thereofto some of the products or services, by virtue of a written declaration
signed by the owner as indicated in Article 25 (3) of this Law.
(2) Renunciation shall be recorded in the Register and published in the Bulletin. It
shall be effective only after it has been recorded in the Register and published.
(3) If a license is recorded in the Register, registration may not be renounced except
by consent of the the licensee. The consent shall be submitted on a written declaration signed
by the licensee as indicated in Article 21 (3) of this Law.
(4) In the case of renunciation of the registration of a mark, the mark cannot be
registered for the benefit of a third party in respect of identical or similar products or services
until three years, at least, have elapsed after the publication of the renunciation.
Article 24
(1) Any concerned person may request the court to remove a mark from the Re gister
if, during five consecutive years, the owner or a licensee has failed to use the mark in the
State of Qatar, unless a legitimate reason is provided therefor. The removal request may
IPINII/QAT/III Page 19
apply to the whole or part of the products or services for which the mark was registered. The
action for removal shall not be accepted before the owner of the mark justifies the non-use of
the mark, at least one month before the date of initiating the legal action.
(2) The court shall order the removal after confirmation that the owner has failed to
use the mark and that no circumstances have made it impossible for him to use it.
(3) The final decision ordering removal of a mark shall be communicated to the
Office.
(4) Removal shall be published in the Bulletin and recorded in the Register.
Registration of a mark shall deemed to have never existed as from the date it ceased to be
used.
Article 25
(1) The Office shall remove, ex officio, registered marks where the legal period of
protection has expired without the owner applying for its renewal as required.
(2) Removal shall be published in the Trademark Bulletin and recorded in the
Register. Registration of a mark shall be deemed to have never existed as from
the date of expiration of the duration of the legal protection.
IP/N/1/QAT/I/l Page 20
Article 26
Without prejudice to the provisions of the preceding Article, the Office or any
concerned person may request the.Civil Court to invalidate the registration of a mark if the
mark was illegally registered. Nullity apply to the whole or part of the products or services.
The final decision invalidating the registration shall be communicated to the
Trademark Office and published in the Bulletin after being recorded in the Register.
Registration of the mark shall be deemed to have never existed as form the date of such
recordation.
CHAPTER IX
Collective Marks
Article 27
(1) Any person undertaking the control or inspection of certain products or services as
to their origin, component elements, manufacturing process, qualities, identity or any other
common characteristic may, by decision of the Minister, be authorized to register a collective
mark.
(2) The application for registration of a collective mark shall be accompanied by a
copy of a document containing the rules which the applicant for registration will follow in the
control or inspection of the products or services, together with an indication of the conditions
IP/N/1/QAT/I/l Page 21
or limitations which the products or services have to comply with, and the manner in which
the collective mark is to be used in connection therewith.
(3) The ownership of a collective mark may be transferred only by special
authorization of the Office.
(4) A collective mark which is not renewed cannot be registered for the benefit of a
third party in respect of identical or similar products or services.
(5) The provisions of this Law shall apply to collective marks having regard to their
special character.
Article 28
(1) The registered owner of the collective mark shall notify the Office of any changes
made in the rules provided for in paragraph (2) of the preceding Article.
(2) Any concerned person may request the Civil Court to invalidate the registration of
a collective mark if it is established that the registered owner is using the mark alone, is using
it or allowing to be used in contradiction with the rules provided for in the preceding Article
in such a way as to be likely to mislead the market sector or the public about the distinctive
common characteristics of the goods or services in respect of which the mark is registered.
(3) The ownership of a collective mark may not bethe subject of a license agreement
and it may not be the subject of a change without the prior consent of the Office.
IP/Nil/QAT/II] Page 22
CHAPTER X
Commercial Indications
Article 29
(l) A commercial indication is considered to be any description related, directly or
indirectly to the following:
(a) The number, quantity, size, capacity, power or weight of the products
(b) The place or the country in which the products were manufactured or
produced;
(c) The manufacturing process or method of production of the products;
(d) . The elements entering into the composition of the goods;
(e) The name or occupation of the manufacturer or producer of the goods;
(f) The existence of patents or other intellectual property rights, or of any
privileges, awards or distinctions.
IP/N/l/QAT/I/l Page 23
Article 30
(2) The commercial indication must correspond, in all respect, with reality, whether
figuring on the products, shops, warehouses, signboards, packings, invoices, writing paper,
advertising material or other means.
Article 31
(3) If the quantity, size, capacity, power, weight or component elements of the
product are relevant elements in the appreciation of their value, such product may not be
imported, sold or offered for sale unless they bear one or more of the said indications. Such
indications shall be written in the Arabic Language.
Article 32
The manufacturer may not use the name of the place where he has a principle
factory with respect to products manufactured for him at another place, unless such a name is
accompanied by an indication of the latter place in a manner that prevents all confusion.
The Implementing Regulations shall defme the manner in which such indications are
to be affixed to the products.
IP/N/l/QAT/Ul Page 24
CHAPTER XI
Trade Names, Geographical Indications and Industria! Desizns
Article 33
Trade names shall be protected by the provision of this Law even if it is not registered.
Article 34
The ownership of a trade name may only be transferred with the enterprise using the
trade name; nevertheless, the personal name of a tradesman or his successor may not be used
in trade in a way that might mislead the public.
Article 35
The Office shall maintain a register for voluntary registration of trade names; the
Implementing Regulations shall provide for the necessary procedures therein.
Article 36
The owner of a trade name shall have the right to prevent others from the use of his
trade name or any indication thereof in such a way that might mislead the public or create
confusion about products or services related to the trade name.
IPIN/l/QAT/I/l Page 25
Article 37
The provisions ofthis Law on trademarks shall apply on trade names without prejudice
to its character.
Article 38
Geographical indications shall be protected by this Law even if they are not registered.
Article 39
A person residing in a place specially reputed for the production of certain products may
(sic) or prevent those who trade in similar products produced in other places from affixing on
their products marks of such nature that is likely to mislead the public as to the origin of the
products, even if the marks do not bear the names or addresses of those persons, unless the
appropriate measures to prevent the confusion are taken.
Article 40
A concerned physical or moral person may apply for the registration of a geographical
indication to protect a certain product; acceptance of the registration shall not entail exclusive
rights for the applicant, such indication may be used by a person who trades in that
geographical origin.
I P/NI 1IQA1'11/ I Page 26
Article 41
The provisions of this Law shall apply on geographical indications without
contradiction to its special character.
The Implementing Regulations shall provide for the rules for the voluntary registration
of geographical registrations and the rules for their use.
Article 42
Any physical or moral person may register any invented industrial design.
Article 43
The owner of an industrial design may prevent other parties from the use, imitation or
counterfeit ofhis industrial design.
Article 44
An industrial design shall be protected for a period of five years renewable for further
two similar periods.
Article 45
Without prejudice to its special character, the provisions of this Law on marks shall
apply on industrial designs.
IPlNil/QATlI/l Page 27
CHAPTER XlI
Preventive Measures and Sanctions
Article 46
(1) Any concerned person may obtain from the competent civil court, upon a petition,
an order directing that the appropriate preventive measures be taken, including in particular
the following:
(a) The establishment of a detailed descriptive inventory of local or imported
products, packings, papers, sign-boards or other articles bearing a
counterfeit, imitated or wrongfully affixed or used mark or any false or
unlawful indication, trade name or geographical indication, as well as
documents or material used in committing the said acts;
(b) Seizure or articles mentioned in the preceding paragraph, provided that such
seizure does not take place until the petitioner submits a deposit to the
registrar of the court to prove the seriousness of the petition and to
indemnify the distrainee if required.
(2) The order of the court may include a nomination of one of more experts to assist
in the preparation of the inventory and in taking the preventive measures.
(3) After seizure, the amount of the deposit submitted by the seizor may be contested
by persons concerned by lodging an action before the competent court.
(4) The preventive measures taken by the owner of the mark shall, in all cases,
become null and void unless followed, within ten days from the date of the order,
by a civil or criminal action initiated against the party in respect of whom the
measures were taken.
IP/NIl/QAT/IIl Page 28
(5) The distrainee may initiate an action for damages upon seizure. The seizor and
registrar of the competent civil court shall be notified of such action within 90
days from the expiration of the period provided for in the preceding paragraph or
after the final dismissal of the seizor's action, otherwise the distrainee shall forfeit
his right to intiate such an action.
(6) The deposit shall be _~estored to the seizor in the following cases:
(a) If a final decision has been taken in his favor,
(b) If the period of 90 days provided in paragraph 5 of this Article elapsed
without the distrainee initiatinz ail action for damages for the seizure.'" ~ -
(c) If a final decision has been taken rej ecting the distrainee's action.
Article 47
Without prejudice to any severer punishment under any other Law, the
following persons shall be liable to imprisonment for a term not exceeding
two years and to a fine not more than 20,000 Riyals or to either of those
penalties:
(1) Any person counterfeiting or imitating a registered trademark, trade name,
geographical indication or industrial design in a manner which is likely to
mislead or confuse the public.
(2) Any person fraudulently making use of a counterfeit or imitated mark, trade
name, geographical indication or industrial design.
(3) Any person fraudulently affixing to his products, or using in connection to
his products or services, a mark, a trade name or a geographical indication
belonging to another person.
IP/N/l/QAT/1/1 Page 29
convicted party and shall order the closure of the enterprise for a period not less than fifteen
days and not more than three months, the confiscation of the equipment and material used in
the counterfeiting or imitation as well as the confiscation of the counterfeit or imitated
products. even in the event of acauittal.... ~ ...
Article 51
Any concerned person may lodge an action before the competent civil court to prohibit
the continuation the infringement as stipulated in Articles 47 and 48, prevent the infringement
as well as lodge an action for damages.
Article 52
(1) The competent civil court may order the confiscation of the seized products, the
closure of the enterprise for a period not less than fifteen days and not exceeding
six months. The judgement shall be published in one or more newspapers at the
expense of the convicted party.
(2) The court shall order the destruction of the counterfeits or imitated marks,
indications, trade names or industrial designs or the products affixed thereto or the
products which illegally bear false or illegal indications, even in the event of
acquittal.
CHAPTER XIV
Final Provisions
Article 53
The Minister shall issue the Implementing Regulations under this Law within two
months from its coming into force; the existing Regulations and executive decisions shall
apply up to the date on which the new Regulations come into force.
IP/N!lIQAT/[/] Page 30
The Implementing Regulations shall contain provisions ensuring terr:.porary protection
for marks connected with products or services exhibited in exhibitions held in the State of
Qatar or outside the State of Qatar.
The Implementing Regulations shall provide also for the fees payable on proceedings
related to the execution of the provisions of this Law not exceeding 1,000 Riyals for each
procedure.
Article 54
The officers appointed by an order from the Minister shall have the status ofjudicial
police for the application of the provisions of this Law and for proving the offenses
committed in violation thereof.
Article 55
Law No.3 of 1978 is repealed as well as every provision inconsistent with the
provisions of this Law.
Article 56
All competent authorities, each within its competence, are charged with the
implementation of this Law which shall come into force as from 1 Ja.TJ.uary,2000.
issued at the Amiri Diwan
on: / / Hamad Bin Khalifa Al-Thani,
Emir of the State of Qatar