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A Household Name: Surnames Can Be Trademarked in Saudi Arabia
October 30, 2020
The Saudi Authority for Intellectual Property (SAIP) in Saudi Arabia announced that the definition of a trademark has been broadened and now allows the registration of surnames as marks.
The SAIP will assess several aspects when examining the trademark application, including but not limited to:
- If the surname complies with the conditions and formal registration requirements related to trademarks;
- If the mark is the surname of the applicant;
- If the surname has been in commercial use for a time period that is not less than 10 years;
- If the surname is protected by a foreign trademark registration, then the applicant must submit a copy of the registration certificate;
- If the surname is considered a component of the mark and not the mark itself.
It is worth noting that surnames that are not allowed to be registered as trademarks in Saudi Arabia are tribal or clan names.
Trademark Protection Framework in Saudi Arabia:
Classification: 10th edition – single class application. Class 33, alcoholic goods in class 32, pork meat in class 29, and Christmas trees and related products in class 28 cannot be registered
Examination: On formal, absolute, and relative grounds
Opposition: 60 days from publication date
Protection Term: 10 Hijri years (approximately 9 years and 8 months) from filing date and renewable for like periods
Use: Vulnerable to cancellation if mark has not been used for 5 consecutive years
Filing Requirements: POA, legalized and copy of priority document, if priority is claimed, certified. A scanned colored copy of both the POA and priority document must be submitted at the time of filing. The original copies may be submitted within 3 months from filing date
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