The Board of Directors of the Saudi Authority for Intellectual Property (“Authority”) has recently issued new regulations governing the use of the name “Saudi Arabia” and the names of cities, regions, and public places in the Kingdom as trademarks. Here are the key highlights:

Regarding the use of the name of Saudi Arabia as a Trademark:

The name “Saudi Arabia” is declared a public property of the Kingdom.

Registration requests for trademarks containing this name must be submitted by government entities or entities regulated by special regulations, or the trademark should be associated with a significant and qualitative real estate or service project. The name “Saudi Arabia” should be a component and not the core element of the trademark.

Regarding the use of the name of City and Region Names as Trademarks:

City, region, or public place names are also considered public property. Usage of these names in trademarks should not mislead regarding the origin of goods or services.

These names should be components and not the core element of the trademark.

Applicability:

These regulations apply to trademark ownership transfers and other regulatory actions.

They also apply to new trademark registration requests featuring the names “Saudi Arabia” or any indication referring to the country.

Exceptions:

Trademarks with city, region, or public place names may be registered if they carry a different meaning unrelated to the geographical area and are used solely for that meaning.

Responsibilities of Trademark Owners:

Trademark owners must, based on these regulations, avoid using their trademarks in any ways that could damage or harm the image or reputation of Saudi Arabia, cities, regions, or public places.

Limitations on Trademark Ownership Rights:

Trademark registration does not grant exclusive rights to the owner for the use of the name. Owners cannot prevent others from using the name.

Certification and Collective Marks:

Certification or collective marks may be registered as geographical indications.

Executive Authority:

The regulations apply to pending trademark applications and the Executive Chairman of the Authority will issue the necessary decisions to implement these regulations.

Stay tuned for further updates and insights on intellectual property regulations in Saudi Arabia!

Authors: Hegui Taha, Partner and Hussain Bu Naijimah, Associate.

 For further information, please contact Alex Saleh (alex.saleh@glaco.com) and Hegui Taha (hegui.taha@glaco.com)