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28 January 2019

Litigation procedures and strategies: Saudi Arabia

Under Saudi trademark law, there are clear provisions relating to the award of damages in trademark infringement cases. However, the award of damages is dictated by the principles of Islamic Sharia. 

14 September 2018

<strong>Saudi Arabia to adopt plain packaging, T-ara resolve trademark dispute, and ICANN needs your feedback on RPMs: news round-up</strong>

In our latest round-up, we look at the US brands with the most loyal customers, 7-Eleven taking a menswear brand to court for alleged trademark infringement, and much more.

30 April 2018

US government ranks Canada’s border enforcement on same level as China; Special 301 adds Saudi Arabia and UAE

The USTR has published the 2018 Special 301 Report, and Canada has been added to the Priority Watch List due to “a failure to resolve key longstanding deficiencies in protection and enforcement of IP”.

22 November 2017

Changes to powers of attorney in Saudi Arabia

Saudi Arabia has issued a judicial announcement in which it stated that powers of attorney provided to legal advisers and IP representatives will be considered valid for five years only from the date of issuance. 

31 March 2017

ACFD recognises importance of protecting registered trademarks against use as trade names

Traditionally, the approach of the Anti-counterfeiting and Fraud Department (ACFD) to trademark infringement was that trademark rights may be enforced only against infringing goods. However, a recent case shows that the ACDF now seems to be recognising the importance of protecting a registered owner’s trademark against use as a trade name.

01 March 2017

Increase in official fees for publication of trademark matters

The fees for publication of certain trademark matters – including assignment/merger, licensing and cancellation of a licence – have changed from February 19 2017. This is the second increase in six months following amendments implemented in September 2016.

29 May 2015

Applicants allowed to amend applications according to reason for refusal

The Trademark Office has added a new option that allows trademark applicants to amend their applications according to the reason for rejection issued by the registrar, without the need to file an appeal. The amendment must be made within 10 days from the date of notification of rejection.

17 October 2013

Significant changes to trademark application process introduced

With effect from September 25 2013, the Trademark Office has made significant changes to the trademark application process. All rights holders will need to be aware of these changes when instructing trademark applications in Saudi Arabia. Among other things, all applications must now be submitted electronically, and all trademark attorney firms must register with the Trademark Filing Portal to be able to file electronic applications.

28 January 2009

Saudi customs authorities work with private sector to fight counterfeiting

The Saudi Arabia Customs Authority has signed a memorandum of understanding with a fraud and counterfeiting-detection company.

03 March 2008

Gulf Cooperation Council Trademark Law approved

The Saudi Cabinet has endorsed the Trademark Law of the Gulf Cooperation Council. Saudi Arabia joins the United Arab Emirates and Qatar, which have already approved the law. The new law will bring about a number of eagerly awaited changes for trademark owners. Among other things, the definition of a 'trademark' will be widened to include non-traditional marks.

29 September 2004

Directorate jumps the gun by accepting design registrations

The General Directorate of Patents has begun accepting applications for the registration of industrial designs, even though the Industrial Designs Law has not yet been published. It is not yet clear whether the law will apply to registrations filed for designs that have already been published, or whether it will protect only those designs published after filing for registration.

31 March 2004

Saudi Arabia accedes to Paris Convention

Saudi Arabia has acceded to the Paris Convention. The decree confirming accession highlights that most provisions of the convention have been adopted. However, the decree expresses some concern over the application of Article 7, which states that the nature of goods should not be an obstacle to registration, because some goods are banned under Islamic law.

26 January 2004

Representations of living creatures now registrable

The Review Panel overseeing the Board of Grievances issued in the autumn a landmark decision removing the prohibition against the registration of living creatures as trademarks. The decision is in line with the requirements for Saudi Arabia's accession to the World Trade Organization and the TRIPs Agreement.