WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/0MNllll 
18 July 2001 
(01-3555) 
Original: English! 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
OMAN 
The present document reproduces the texe of Royal Decree No. 38/2000 promulgating the 
Law on Trade Marks, Descriptions and Secrets and Protection from Unfair Competition, as notified 
by Oman under Article 63.2 of the Agreement (See document IP/N/1/0MNIl). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
OMAN 
Le present document contient le texte1 du Decret royal nO 38/2000 promulguant la Loi sur les 
marques de fabrique ou de commerce, les designations et les secrets et la protection contre la 
concurrence deloyale, notifiee par l'Oman au titre de l'article63:2 de l'Accord (voir le document 
IP/NIl/OMNIl). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTicULO 63 DEL ACUERDO 
OMAN 
En el presente documento se reproduce el texto1 del Real Decreto N° 38/2000 de promulgaci6n 
de la Ley de Marcas de Fabrica y de Comercio, Descripciones y Secretos Comerciales y Protecci6n 
contra la Competencia Ilicita, que Oman ha notificado en virtud del parrafo 2 del articulo 63 del 
Acuerdo (vease el documento IP/N/1/0MNIl). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.!En anglais seulement. Les delegations interessees peuvent consulter le 
texte dans sa langue d'origine, au Secretariat de l'OMC.!En ingIes solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IPINII/OMNIIII 
Page 2 
Royal Decree No. 3812000 
Promulgating the Law of Trade Marks, Descriptions and Secrets 
And Protection from Unfair Competition 
We, Qaboos Bin Said, Sultan of Oman 
After perusal of the Basic Law of the State promulgated by the Royal Decree No. 101/96. 
And the Law of Trade Marks and Descriptions promulgated by the Royal Decree No. 
68/87 and its amendments. 
And in accordance with the public interest. 
Have decreed as follows: 
Article 1: 
Article 2: 
Article 3: 
Article 4: The provisions of the attached Law of Trade Marks, Descriptions and 
Protection from Unfair Competition shall take effect. 
The Minister of Commerce & Industry shall issue the regulations and 
decisions necessary for the implementation of the provisions of the present 
Law. 
The Royal Decree No. 68/87 mentioned above shall be cancelled. 
This Decree shall be published in the Official Gazette and shall take effect 
as from the date of its publication. 
Qaboos Bin Said 
Sultan of Oman 
Issued on: 17 Safar 1421 H. 
21 May 2000 
Official Gazette No. 672 JP/N/1/0MNlI/l 
Page 3 
LAW ON TRADE MARKS, INDICATIONS AND SECRETS 
AND PROTECTION AGAINST UNFAIR COMPETITION 
PART I 
TRADEMARKS; REGISTRATION PROCEDURE 
CHAPTER I 
TRADEMARKS; REGISTRATION OF TRADEMARKS 
Article 1: 
A trademark means any visible form capable of being distinguished and consisting of 
words, signatures, personal names, letters, numbers, logos, symbols, addresses, seals, 
engravings, combinations of colors, figurative elements or any other sign or combination of 
such elements, if it used or intended to be used to distinguish goods, products or services as 
those of the owner of the mark by reason of their manufacture, choice, sale or offering for 
sale. 
Article 2: 
The following signs shall not be considered trademarks and may not be registered as 
such: 
(i) signs devoid of any distinctive feature or consisting of generic names of goods 
or products, or ordinary drawings or images of such goods or products. 
(ii) any expression, drawing or sign that is contrary to public order or morality. IP/NI1/0MNIII1 
Page 4 
(iii) signs that are identical to, imitations of or containing as an element, an 
armorial bearing, flag or other emblem, a name or abbreviation or initials of the 
name of, or official sign or hallmark adopted by, any State, intergovernmental 
organization or any organization created by an international convention, unless 
authorized by the competent authority of that State or organization. 
(iv) signs identical with or similar to symbols of merely religious nature. 
(v) signs likely to mislead the public or trade circles particularly as to the 
geographical origin of the goods or services, or containing false indications as 
to the origin, nature or other characteristics of the products, and signs 
containing a fictional trade name. 
(vi) name, surname, picture or logo of a third party, unless with a prior consent of 
use. 
(vii) if the sign is identical with, or confusingly similar to, or constitutes a 
translation of, a mark or trade name well known in Oman for identical or 
similar goods or services of another enterprise, or if it is well known and 
registered in Oman for goods or services which are not identical with or similar 
to those in respect of which registration is applied for, provided that, in the 
latter case, use of the mark in relation to those goods or services would indicate 
a connection between those goods or services and the owner of the well-known 
mark and that the interests of the owner of the well-known mark are likely to 
be damaged by such use. IP/N/l/OMN/I/l 
Page 5 
(viii) if the sign is identical with a mark belonging to a different owner and already 
on the register, or if an application has been filed for the concerned mark with 
an earlier filing date or priority date, in respect of the same goods or services or 
closely related goods or services, or if it is so nearly similar as to be likely to 
deceive or cause confusion. 
Article 3: 
Any person who wishes to use a mark to distinguish goods produced or chosen by the 
person, if such goods are sold or offered for sale by that person or intended for such purposes, 
may apply for the registration of that mark according to the provisions of this Law. 
Article 4: 
Any person who registered a trademark shall be considered the sole owner of that 
mark, unless registered in bad faith. The ownership of the mark may not be challenged if the 
person who registered the mark uses the mark continuously at least for five years from the 
date of registration, without being opposed as to the validity of the mark. IPIN/l/OMNlIIl 
Page 6 
Article 5: CHAPTER 11 
REGISTRATION PROCEDURE 
A register shall be established with the Department of Agencies and Intellectual 
Property ("Department") at the Ministry of Commerce and Industry, which shall include 
recordings of all trademarks, names and addresses of owners, descriptions of related goods 
and any transmission, assignment or transfer. The public shall have access to that register and 
may obtain certified copies upon payment of the fees prescribed by the Regulations. 
Article 6: 
The Head of the Department mentioned in the preceding Article shall act as registrar 
according to the following provisions. 
Article 7: 
The application for the registration of the mark shall be filed with the Department in 
accordance with the conditions and upon payment of the fees, prescribed by the Regulations. 
The application shall contain a representation of the mark and a list of goods and services for 
which the registration of the mark is applied for, arranged according to the applicable class or 
classes of the International Classification. IPIN/1/0MN/IIl 
Page 7 
The application may contain a declaration claiming the priority of an earlier 
application filed by the applicant with a Member State of the World Trade Organization or 
Paris Convention. Such application shall have priority in accordance with the conditions 
prescribed by the Regulations. 
Article 8: 
If two or more persons simultaneously apply for the registration of the same mark or 
closely related or similar marks for identical or similar goods or services, all applications shall 
remain pending with the Registrar until a certified assignment is made by the parties to the 
conflict to one of them or a final decision is rendered by the Commerce Court. 
Article 9: 
The Registrar may apply the limitations or modifications he considers necessary to 
identify the mark in such a manner as to avoid any confusion with another mark that has been 
registered or filed, or for any other reason he sees. 
Article 10: 
If the Registrar rejects a trademark or makes the registration of the mark subject to 
limitations or modifications, he shall inform the applicant in writing of the reasons for taking 
such a decision. JPINII10MNIII 1 
Page 8 
Article 11: 
Any decision by the Registrar refusing registration or making it subject to a condition 
may be opposed by the applicant before the Commerce Court within thirty days from the date 
of notification of the decision. The Court may confirm, cancel or modify the decision. 
If, within the fixed period, the applicant fails to oppose the decision and proceed with 
the modifications required by the Registrar, the applicant shall be deemed to have abandoned 
the application. 
Article 12: 
If the Registrar accepts the trademark, he shall publish it by any means of publication 
prescribed by the Regulations. 
Any interested person, within two months from the date of publication, shall give 
notice to the Registrar in writing of opposition to the registration. The Registrar shall notify 
the applicant by virtue of a copy of the opposition. The applicant shall send to the Registrar a 
counter-statement, within two months from notification. Ifthe counter-statement is not 
received within the indicated period, the applicant shall be deemed to have abandoned the 
application. 
Article 13: 
The Registrar shall decide on the opposition after hearing the parties if so requested, 
and shall issue the decision accepting or refusing the registration. JP/N/1/0MNIII1 
Page 9 
In the fonner case, he may decide whatever limitations he considers necessary. Any 
interested person may oppose the decision before the Commerce Court within thirty days 
from the date he was notified. The Commerce Court may confinn, cancel or modify the 
decision. Notwithstanding opposition, if the Registrar finds that the opposition to registration 
is not based on serious grounds, he may issue a decision to proceed with the registration of the 
trademark, indicating the reasons for such a decision. 
Article 14: 
If the mark is registered, registration shall have effect from the filing date of the 
application. Upon registration, a certificate shall be granted to the owner of the mark, 
including 
(i) the serial number of the mark. 
(ii) the filing date of the application and the registration date. 
(iii) the name, surname, domicile and nationality of the owner of the mark. 
(iv) an authentic copy of the mark. 
(v) a list of the goods, products and services for which the mark is intended. 
Article 15: 
The owner of a registered mark may request from the Registrar to make an addition to 
or modification of the mark, provided that such addition or modification does not IPlNllIOMN/JIl 
Page 10 
substantially affect the original mark. A decision to that effect shall be issued by the Registrar 
according to the terms relating to the initial applications for registration. Such decision may 
be opposed by the same means. 
CHAPTER III 
RENEWAL; REMOVAL 
Article 16: 
The term of protection resulting from the registration of the mark shall be ten years. 
The right holder may secure the continuity of such protection for similar periods by making a 
request for renewal, within the last year and under the conditions prescribed by the 
Regulations. Within the month following the expiration of the term of protection, the 
Registrar shall send at the address of the owner of the mark a written notification of the 
expiration of the mark. If, within the six months following the expiration date, the owner of 
the mark fails to make a request for renewal. The Registrar shall remove the mark from the 
Register ex officio. 
Article 17: 
Without prejudice to Article 4, the Registrar or any interested person shall have the 
right to request the removal of a mark that has been unrightfully registered. The Registrar 
shall remove the registration upon receipt of a final decision to that effect from the Commerce 
Court. I PINI1I0MN/JIl 
Page 11 
Upon request from the Registrar or any interested person, the Commerce Court may 
order the addition to the Register of any omitted indication, or the deletion or modification of 
any unrightfully recorded or false indication in the Register. 
Article 18: 
Upon request from any interested person, the Commerce Court may order the removal 
of the registration if it is proven that the mark has not been used seriously for five consecutive 
years, unless the owner of the mark shows grounds for not using the mark. 
Article 19: 
The renewal of the registration shall be published in the manner prescribed by the 
Regulations. Subject to the provisions of Articles 16 and 24, the Registrar may publish an 
indication as to the registration or removal of a mark or any modification of the indications 
relating to a registered mark. 
Article 20: 
If the registration of a mark is removed on the ground of non-renewal, the mark may 
be re-registered for a third party in respect ofthe same or similar products or services only 
after three years from the date of removal. JP/N/I/OMNIIII 
Page 12 
Article 21: 
Unless otherwise agreed, the ownership of a trademark may be the subject of a 
transfer, pawn or seizure only with the commercial establishment or enterprise using the mark 
to distinguish its products or services. 
In all cases, the transfer or pawn of the ownership of a mark may be invoked against 
third parties only after an indication to that effect is made in the Register and the transfer or 
pawn is published in the manner prescribed by the Regulations. 
Article 22: 
Unless otherwise agreed, the transfer ofthe ownership of a commercial establishment 
or an enterprise shall include marks which are registered in the name of the transferor and can 
be regarded as closely related to the commercial establishment or enterprise. 
Unless otherwise agreed, if the ownership of a commercial establishment or an 
enterprise is transferred without the ownership of the mark itself, the transferor may continue 
to manufacture the same products or offer the same services for which the mark was 
registered or trade in those products or services. CHAPTER IV 
CONTRACTS; LICENSES 
Article 23: JPINIlIOMNlIl1 
Page 13 
The owner of a mark may grant any natural person or legal entity a license to use the 
mark in respect of some or all the products or services for which the mark is registered. The 
owner of the mark shall have the right to grant third parties licenses for the use of the same 
mark and to use the mark himself, unless otherwise agreed. The duration of the license may 
not exceed the prescribed term of protection. 
The licensee shall have the rights deriving from the registration ofthe mark. 
Unless otherwise agreed, the licensee may not assign the license to a third party or 
grant sub-licenses. 
Article 24: 
The license contract shall indicate 
(i) the scope and duration of the use of the mark. 
(ii) conditions required for the effective quality control of the products or services. 
(iii) obligations imposed on the licensee to refrain from any act that can cause 
prejudice to the trademark. 
The contract shall be made in writing and duly certified. IPlNlllOMNlIIl 
Page 14 
Article 25: 
The license shall be recorded in the Register and shall have effect against third parties 
only upon such recordation and pUblication in the manner prescribed by the Regulations. 
Article 26: 
The recordation of a license shall be removed from the Register upon request from the 
owner of the mark or licensee after filing evidence of the termination or rescission of the 
contract. 
The Registrar shall inform the other party of the request to remove the license. He 
may, in this case, make an opposition according to the provisions of the Regulations. 
PART 11 
TRADE INDICATIONS 
Article 27: 
A trade indication means any clarification directly or indirectly related to 
(i) the number, quantity, dimension, measure, weight or capacity ofthe goods. 
(ii) the region or country in which the goods were manufactured or produced. (iii) the process used in the manufacture or production of the good. 
(iv) the elements of which the goods are composed. 
(v) the name or quality of the producer or manufacturer. IPlNllIOMN/III 
Page 15 
(vi) any existing patents or other industrial property rights or any other commercial 
or industrial privileges, awards or distinctions 
(vii) the name or form with which some goods are usually identified or evaluated. 
Article 28: 
A trade indication shall be totally conform to reality, whether it appears on the 
products, commercial establishments, storehouses, addresses thereof, packages, lists, 
correspondence, advertisements or any other means used to display the goods to the pUblic. 
Article 29: 
Unless in conjunction with a precise indication made in clear characters of the country 
or region where the products were manufactured or produced, the name or address of the 
seller may not appear on products imported from a country other than that where sale is to 
occur. 
Persons residing in regions well known for the production or manufacture of some 
products and trading in similar products imported from other regions may not affix their 
marks on those products if the marks are likely to mislead the public as to origin of the TP/N/J/OMNlIll 
Page 16 
products, even if the marks do not include the names or addresses of those persons, unless 
measures to avoid any confusion have been taken. 
Article 30: 
A manufacturer may not use the name of a region in which he has a main plant in 
respect of products he manufactures for his own benefit in a different region, unless that name 
appears in conjunction with an indication of the latter region in such a manner as to avoid any 
confusion. 
Article 31: 
Awards, medals, diplomas or any honorary degree may be mentioned only in respect 
of products for which they apply and persons to whom and businesses to which they were 
granted or to successors in title, provided that a valid indication is made as to the date, nature, 
exhibitions or competitions in which they were granted. 
Any person who participates with other persons in an exhibition of his products may 
not use for his own products distinctions granted to products jointly exhibited, unless the 
origin and nature of such distinctions is clearly indicated. 
Article 32: 
If the quantity, dimension, measure, capacity, weight, origin or composing elements of 
a product a factor taken into account in the estimation of the value of that product, the 
importation, sale or offering for sale of that product may be prohibited by decision of the IPINIIIOMNIIIl 
Page 17 
Ministry of Commerce and Industry, unless the product bears one or more of the said 
indications. 
The manner in which the indications are to appear on the product and, where 
impossible, the alternative procedure to followed, shall be fixed by decision of the Ministry of 
Commerce and Industry, provided that such indications are in Arabic. 
PART III 
PROTECTION FROM UNFAIR COMPETITION 
PROTECTION OF TRADE SECRETS 
Article 33: 
Any natural person or legal entity may not carry out acts of competition contrary to 
honest practice in industry or trade, including in particular 
(i) acts of such a nature as to create confusion with an establishment, good or 
service in the course of any industrial or commercial activity. 
(ii) unjustified false allegations against any commercial or industrial producer 
with the intention to damage or dilute his goodwill or reputation. 
(iii) use, in the course of any industrial or commercial activity, of indications or 
allegations that result in misleading the public as to the to the characteristic 
features of the goods or services. IP/N/l/0MNIIlI 
Page 18 
Article 34: 
Any natural person or legal entity may not disclose trade secrets in his or its 
possession in a manner that is contrary to honest practice in trade. A commercial or industrial 
activity shall be considered secret if, due to its nature, it is not known, it draws its commercial 
value from its confidentiality, reasonable measures have been taken to maintain its 
confidentiality or it is not easily accessible to an ordinary person having skill in the art. 
Disclosure shall include making use of information, tests or other secret information 
presented to the competent authorities in order to obtain a marketing authorization necessary 
for pharmaceuticals and agricultural products containing new chemical material provided that 
a tangible effort was furnished to obtain such products. 
PART IV 
SANCTIONS 
Article 35: 
A punishment by imprisonment for a period not exceeding two years and/or a fine not 
exceeding two thousand rials Omani shall be applicable to any person who 
(i) counterfeits a mark registered under this Law, imitates such a mark in a manner 
that is likely to mislead the public or uses in bad faith a counterfeited or 
imitated mark. IPIN/l/OMNII/l 
Page 19 
(ii) knowingly sells, offers for sale or circulation, possesses with the intention to 
sell products bearing a counterfeited, imitated or illicitly placed mark. 
(iii) uses in bad faith a mark identical with or similar to a well-known mark, 
whether registered or not registered, in a manner that is likely to mislead the 
public, provided that, in the case of a well-known mark that is not registered, 
goods or services are identical or similar. 
(iv) contravenes in bad faith provisions on trade indications. 
(v) intentionally contravenes provisions on unfair competition or protection of 
trade secrets. 
Article 36: 
The owner of a mark may, at any time even before filing a commercial or criminal 
action, request, by a petition accompanied by an official certificate of the registration of the 
mark, that the chief judge ofthe Commerce Court issues an order to take the necessary 
conservative measures, particularly the seizure of equipment and implements likely to be used 
or effectively used in committing the offense. The same shall apply to products, goods, titles, 
packages, papers or whatever bears the infringing mark or indications. 
Such seizure may be executed upon importation of the goods. The order may include 
the designation of an expert or more to assist in the seizure and require that the person making 
the request makes a deposit. IPINIlIOMN/IIl 
Page 20 
Article 37: 
The seizure procedure provided for in the preceding Article shall be considered invalid 
if it is not followed within eight days from the date of execution of the seizure by an action for 
damages or the date when the public attorney was notified of the person against whom the 
measures were be taken. 
Article 38: 
In any commercial or criminal action, the competent court may decide to confiscate 
the material seized or to be seized to deduct its value from damages or fines or dispose thereof 
in any other manner considered convenient by the court. 
In addition, the court may decide the destruction of illegal marks and, when necessary, 
products, packages, wrapping material, titles, catalogues and other material bearing such 
marks or illegal indications. It may also order the destruction of equipment and implements 
particularly used in counterfeiting. Such orders may be issued even in the case where a 
judgement of non guilty is rendered. 
The court may order the publication of the decision in the Official Gazette at the 
expense of the person against whom the decision was pronounced. PART V 
FINAL CLAUSES 
Article 39: I PINIlIOMNIII 1 
Page 21 
Natural persons or legal entities, whether or not in the industrial or commercial sector, 
exercising control on given products or services as to the origin, composition, manufacturing 
process, perfonnance, characteristics, nature or any other particulars of such products or 
services shall be authorized to register a certification mark, where the Minister of Commerce 
and Industry finds that such authorization serves a public interest. 
The registration of such a mark shall have all the effects provided for in this Law. 
However, the ownership of that mark may not be transferred without a special authorization 
from the Minister of Commerce and Industry. 
Article 40: 
The Regulations shall include provisions securing provisional protection of marks 
affixed on products or goods displayed in national or international exhibitions organized in 
Oman or a country that applies reciprocity to Oman. Such exhibitions shall be designated by 
decision of the Minister of Commerce and Industry. 
Article 41: 
Provisions of international bilateral or multilateral treaties or conventions regUlating 
the rights of nationals of States party to such treaties and conventions or persons assimilated TP/N/J/OMN/I/I 
Page 22 
to nationals as far as trademarks and trade indications are concerned, to which Oman is or 
may become party shall be applicable under this Law. 
Article 42: 
Foreigners shall have the same rights as those of nationals of Oman, provided that 
such foreigners are nationals of or residents in countries that apply national treatment to 
nationals of Oman. 
Article 43: 
The Regulations shall include detailed provisions for the implementation of this Law 
and, in particular, 
(i) provisions regulating the procedure for the registration of marks and 
maintenance of registers and archives. 
(ii) conditions and time-limits related to the registration procedure. 
(iii) classification of all products according to their nature or species. 
(iv) fees payable for the delivery of copies or certificates, or any other act provided 
for in this Law as part ofthe implementation procedure of this Law. Article 44: IPINI1I0MNIII 1 
Page 23 
Staff members designated by decision of the Minister of Commerce and Industry shall 
have the right to carry out inspections and exercise control to verify the application of this 
Law. Such staff members may take any of the measures assigned to them by the Regulations.