The Trademark Office in Saudi Arabia recently announced that the definition of a trademark has been broadened and now allows the registration of surnames as marks.
The TMO 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 has achieved fame through wide use in advertisements;
- If the surname is considered a component of the mark and not the mark itself.
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 years from filing
- 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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