New Laws Pertaining to Trademark registration in KSA

Saturday, 6 February 2016

The Kingdom of Saudi Arabia implemented a new trademark law on 4th December 2002 , junking the Trademark Law and Implementing Regulations 1984.
Except the change in the definition of a trademark, which, according to Saudi law, is limited only to visual characteristics. It ignores the smell and sound as being trademarks.
The new law has seen some much required changes such as:
  1. Article 13 allows an applicant to file an appeal with the ministry of commerce and industry within 60 days from the date of receiving refusal notice. If the appeal is rejected, the applicant can file a subsequent appeal with BoG , the administrative  court , within 30 days of receiving a notification.
  2. Article 15 (previously article 16): an unsubstantiated  opposition appeal can be filed by a third party within 90 days of publication date, with the BoG.
  3. Article 23 : provides a grace of 6 months following the expiry of protection period to file a renewal application.
  4. Article 54(previously 60): the investigation and Public prosecution  commission can defend public rights in respect of penal actions.
Unregistered trademarks
Trademarks which are internationally well known do not require a separate trademark registration in KSA.
Trademarks can be cancelled if:
  1. Non Usage Of Trademark For Five Years Without  A legitimate Reason
  2. the trademark violates public order or public morality
  3. trademark was registered using fraud or wrong information
  4.  the re-registration process was not according to law
  5. if the owner of trademark was listed in prohibited list.


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