Trade Marks Protection in the State of Qatar: An Analytical and Comparative Study
Dr. Mohamed Salem Abou El Farag
Associate Professor of Commercial Law
College of Law, Qatar University
Doha, State of Qatar
Abstract:
Trade marks play essential roles for commercial institutions, be they establishments or companies, as they serve to distinguish their products or services from those of competitors. Additionally, they aid in building brand recognition and consumer trust. This paper focuses on the topic of trade marks protection in Qatar and comparative law. It analyses the current law, Law No. 7 of 2014, concerning the Issuance of the Law (System) of Trade Marks of the GCC, along with its Executive Regulation, No. 56 of 2023, issued by the Ministry of Commerce and Industry of Qatar.
The paper encompasses an exploration of trade marks, delineating the types of signs eligible for registration in accordance with the aforementioned law and its executive regulation. Additionally, it delves into the registration procedures and the duration of protection afforded by these regulations. Furthermore, it seeks to define, examine, and underscore the significance of well-known marks. Furthermore, the paper scrutinizes the rights conferred by a mark and the obligations imposed upon its owner regarding its usage. It also explores the owner’s prerogative to license the mark to a third party. Finally, the paper concludes with a summary of its findings.
The paper views the current trade mark law in Qatar as a major advancement in the right direction. Nonetheless, businesses will require assistance in registering specific types of marks, particularly non-traditional ones.
Keywords: Well-Known Marks, Non-Traditional Marks, Mark Licensing, GCC Trade Mark Law, and Trade Marks Protection.