The Qatar Trade Mark Office ('TMO') recently issued a circular regarding the Nice Classification system. Some earlier reports have suggested that this introduces a requirement that trade mark applications must follow a predefined list of goods and services. It turns out that this is not accurate.
The circular does not impose a predefined list system in Qatar. Instead, it addresses specific issues that have arisen in practice, particularly with agents filing overly broad or vague specifications. For example, the TMO observed that some trade mark owners were registering their marks for wholesale or retail services in one field (e.g., cosmetics) in a way that could be used to oppose or challenge registrations in entirely unrelated fields (e.g., automobile spare parts).
Rather, the recent update serves two main purposes:
1. Correct scope of filing – The TMO is encouraging applicants and their filing agents to ensure that specifications fall within the intended scope of each class and accurately reflect the goods or services for which protection is sought.
2. Narrowing of services in Class 35 – In particular, the TMO is discouraging overly broad specifications such as "retail services" on their own. Specifications should now be more precise, for example: "retail services in relation to [specific goods]" rather than simply "retail services".
The update aims to prevent potential conflicts between trade marks in unrelated sectors. It does not change the underlying use of the Nice Classification system, nor does it align Qatar with some jurisdictions that mandate strict predefined lists of goods or services. It is primarily a reminder to ensure accurate and specific drafting of specifications.
We recommend reviewing specifications carefully to avoid overly broad or vague terms and to ensure that applications filed remain within the scope acceptable by the Qatar TMO.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
