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Results: 4 Answers
Trademarks
2.
What constitutes a trademark?
2.1
What types of designations or other identifiers may serve as trademarks under the law?
 
Saudi Arabia
Under Saudi trademark law, a trademark can be anything that takes a distinctive shape, such as names, words, signatures, letters, symbols, numbers, titles, stamps, drawings, pictures, inscriptions, packaging, figurative elements, shapes or colours, groups of colours or combinations thereof; or any sign or group of signs used or intended to be used to distinguish the goods or services of one undertaking from those of others, or intended to identify a service, or used as a certification mark in respect of goods or services.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
2.2
What are the requirements for a designation or other identifier to function as a trademark?
 
Saudi Arabia
See question 2.1.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
2.3
What types of designations or other identifiers are ineligible to function as trademarks?
 
Saudi Arabia
Under Saudi trademark law, the following cannot be considered as a trademark or part of a trademark:

  • a mark which is devoid of distinctive character or which consists of representations that are customary names given to goods and services, or conventional drawings and ordinary images of goods;
  • expressions, drawings or marks that contravene public morals or public order;
  • public emblems, flags, military emblems and other insignia belonging to any of the Gulf Cooperation Council states, other states, Arab or international organisations or any of their agencies, or any imitation thereof;
  • symbols of the Red Crescent or Red Cross and any other similar symbols, as well as imitations thereof;
  • marks that are identical or similar to symbols of a purely religious nature;
  • geographical names, if their use is likely to cause confusion regarding the source or origin of the goods or services;
  • the name, surname, photograph or logo or another person, unless that person or his or her successors have previously consented to its use;
  • information relating to honorary or academic degrees to which the applicant for registration cannot prove a legal entitlement;
  • marks which are likely to mislead the public, or which contain false information as to the origin or source of the goods or services or their characteristics, and other marks which contain a fictitious, imitated or forged commercial name;
  • marks owned by natural or legal persons with which dealing is banned pursuant to a decision issued in this respect by the competent authority;
  • marks that are identical or similar to a mark previously filed or registered by a third party in respect of the same goods or services, or similar goods or services if the use of the later mark indicates a connection with the previous owner’s registered goods or services or damage its interests;
  • marks whose registration for some goods or services may reduce the value of goods or services distinguished by a previous mark;
  • marks which are a copy, imitation or translation of a third party’s famous trademark or part thereof, to be used to distinguish goods or services which are identical or similar to those distinguished by the famous mark;
  • marks which are a copy, imitation or translation of a third party’s famous trademark or an essential part thereof, to be used to distinguish goods or services which are not identical or similar to those distinguished by the famous mark, if such use indicates a connection between such goods and services and the famous mark and is likely to damage the interests of the owner of the famous mark; and
  • marks which contain the following words or phrases: ‘patent’, ‘patented’, ‘registered’, ‘registered drawing’, ‘copyright’ or similar.
For more information about this answer please contact: Asif Iqbal from Kadasa IP