Comparative Guides
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Results: 4 Answers
Trademarks
8.
Maintenance and removal of registrations
8.1
What is the length of the initial term of registration and what is the length of renewal terms?
 
Saudi Arabia
The duration of trademark registration is for 10 Hijra years and renewable for the same term. The Hijra (lunar) year applicable in Saudi Arabia is 11 days shorter than the Gregorian year.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.2
What, if anything, must be submitted to the trademark office to maintain or renew a registration?
 
Saudi Arabia
An application for renewal, along with a notarised and legalised power of attorney and a copy of the trademark certificate.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.3
What are the grounds for cancelling a trademark registration?
 
Saudi Arabia
A trademark which is not used for consecutive five years can be cancelled by way of a non-use cancellation action before the Administrative Court of First Instance. The trademark owner can defend such action by providing reasonable justification for non-use, which may relate to reasons beyond its control, such as war, import sanctions or any other justifiable reason that can prove that it had no intention of stopping use of the registered mark. A single invoice has been accepted as sufficient evidence to defeat a non-use cancellation action in Saudi Arabia.

A registered trademark can also be cancelled through a cancellation action before the Administrative Court of First Instance if the trademark was unlawfully registered. There is no definition of such unlawfulness in the law; however, prior registration and prior use can be strong grounds for a cancellation action.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.4
Under what circumstances may the trademark office cancel a registration on its own initiative?
 
Saudi Arabia
Under Saudi trademark law, no such right is reserved for the trademark office.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.5
What is the procedure by which a third party may seek cancellation of a trademark registration?
 
Saudi Arabia
See question 8.3.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
8.6
What is the procedure for appealing a decision cancelling a registration?
 
Saudi Arabia
A decision of the Administrative Court of First Instance 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 can 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