Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Protection of foreign trademarks
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?
Saudi Arabia

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.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?
Saudi Arabia

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.

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