Answer ... A foreign trademark is enforceable in Saudi Arabia only if it is a well-known mark and such fame extends to Saudi Arabia.
According to Saudi trademark law, the fame of a trademark is determined by different factors, including:
- recognition of the mark in the eyes of the relevant consumers;
- length of period of use or registration, in the case of a registered mark;
- the number of international registrations; and
- the commercial impact that the mark has produced on the market.
Answer ... Saudi Arabia is not a member of the Madrid System. Foreign registrations may help to overcome certain objections during the registration process; however, an applicant cannot claim foreign registration as a matter of right to register the same trademark in Saudi Arabia.