Answer ... The statutory sources of trademarks rights in Saudi Arabia are as follows:
- the Gulf Cooperation Council Trademark Law, which entered into force on 27 September 2016 by virtue of Royal Decree M/51 of 26.07.1435H and its implementing regulations;
- the Anti-commercial Fraud Law, promulgated by Royal Decree M/19 of 23.04.1429H (29 April 2008) and its implementing regulations issued by Ministerial Resolution 155 of 06.01.1431H (23 December 2009); and
the Border Measures Regulations, issued pursuant to Ministerial Resolution 1277 (3 July 2004).
Answer ... In Saudi Arabia, trademark ownership is established by registration with the Saudi Trademark Office. However, prior use provides a right of action to prior users of trademarks by way of opposition or cancellation proceedings. It is difficult to enforce unregistered trademark rights in Saudi Arabia, unless the mark is well known in accordance with the requirements of Saudi law.
Answer ... See question 1.1.