Comparative Guides
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Results: 4 Answers
Trademarks
5.
Oppositions
5.1
Can a third party oppose a trademark application?
 
Saudi Arabia
Yes; under Saudi trademark law, accepted applications are published on the website of the Ministry of Commerce and Investment for a 60-day period, during which they can be opposed by interested parties. Oppositions are filed through an online portal to the Opposition Committee of the trademark office.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.2
Who has standing to oppose a trademark application?
 
Saudi Arabia
Oppositions can be filed based on an earlier registered trademark right or earlier pending application in Saudi Arabia. Oppositions can also be filed based on rights established by unregistered well-known marks that have become famous in Saudi Arabia.

Although such oppositions are rare, it is also possible to oppose a trademark based on any legal provision that prohibits the registration of certain marks in Saudi Arabia ƒ{ for example, where the mark is non-distinctive, is contrary to public order and morality, has religious connotations, covers prohibited goods or services, or incorporates exclusionary subject matter ƒ{ or by challenging the applicant¡¦s standing to obtain registration in Saudi Arabia.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.3
What is the timeframe for opposing a trademark application?
 
Saudi Arabia
Within 60 days of publication.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.4
Which body hears oppositions?
 
Saudi Arabia
The Opposition Committee of the trademark office.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.5
What is the process by which an opposition proceeds?
 
Saudi Arabia
After an online opposition is submitted, the Opposition Committee will issue a notice to the applicant, requesting the submission of a written reply. It is possible to request a hearing at the time of filing the opposition; however, a later request for hearings will not be entertained. Official fees are applicable for each hearing request.

After submission of a written response from the applicant, the Opposition Committee will issue its decision.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
5.6
Can the decision on the opposition be appealed? If so, to what body and by what procedure?
 
Saudi Arabia
The decision of the Opposition Committee can be appealed to the Administrative Court within a 30-day period.

The decision of the Administrative Court may be further appealed to the Administrative Court of Appeal. If the Administrative Court of Appeal remands the case to the Administrative Court with observations, the Administrative Court may reconduct hearings by issuance of notice to both parties. The Administrative Court may either reverse or maintain its earlier judgment; this decision may again be appealed to the Administrative Court of Appeal by the aggrieved party, in which case the Administrative Court of Appeal will decide the matter. A final appeal may be filed before the Administrative High Court on points of law only.

For more information about this answer please contact: Asif Iqbal from Kadasa IP