Approving regulations for using the name of Saudi Arabia and the names of cities, regions and public places in the Kingdom as a trademark
Decision of The Board of Directors of the Saudi Authority for Intellectual Property No. 14/T/2023) dated 29/04/1445H (Nov 13, 2023G)
The Board of Directors of the Saudi Authority for Intellectual Property, in accordance with the legal powers vested in it and under Article (5) of the regulation of the Saudi Authority for Intellectual Property (issued by Council of Ministers Resolution No. 496 dated 14/09/1439 A.H., amended by Council of Ministers Resolution No. 621 dated 20/10/1442 A.H.), has reviewed Article (2) of the Trademarks Law (Royal Decree No. M/21 dated 28/05/1423 A.H.) and Article (3) of the Trademarks Law (Regulation) of the Gulf Cooperation Council countries (approved by Royal Decree No. M/51 dated 26/07/1435 A.H.). After considering relevant orders and decisions, and in the interest of the public, the Board makes the following decisions:
- Regarding the Name “Saudi Arabia”:
- The name “Saudi Arabia” is deemed public property of the state.
- Registration applications for trademarks incorporating this name are subject to specific conditions:
-The applicant must be a government entity, an entity with a special regulation, or the trademark must be linked to a significant real estate or service project.
-The name “Saudi Arabia” must be a component of the trademark, not its essential element.
2. Regarding Names of Cities, Regions, and Public Places:
- Names of cities, regions, and public places in Saudi Arabia are considered public property of the state.
- Registration applications for trademarks including these names must meet criteria:
-The city, region, or public place name must be a component, not the essential element of the trademark.
-Use of these names should not cause confusion about the origin or source of goods or services.
3. Applicability:
- These regulations apply to trademark ownership transfer applications and any legal actions related to trademarks registered under these regulations.
- The regulations apply to registration applications for trademarks including the name of Saudi Arabia, the Kingdom of Saudi Arabia, or any indication of the country.
4. Trademark Registration Exceptions:
- Trademarks with city, region, or public place names may be registered if they have a meaning unrelated to the geographical area and are used accordingly.
5. Owner’s Commitment:
- Trademark owners must, based on these regulations, avoid harming the image or reputation of the Kingdom or its cities, regions, and public places.
6. Exclusive Rights:
- Registering a trademark under these regulations does not grant exclusive rights to the name used, nor does it authorize prevention of others from using the name.
7. Certification and Collective Marks:
- Certification or collective marks may be registered as geographical indications.
8. Applicability and Implementation:
- These regulations apply to pending trademark applications, and the Executive Chairman of the Saudi Authority for Intellectual Property will issue necessary decisions for implementation.
9. Publication:
- These regulations will be published in the Official Gazette and take effect from the date of publication.
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