SAIP implements new trademark guidelines for Saudi Arabia
The Board of Directors of the Saudi Authority for Intellectual Property (SAIP) has made a pivotal decision regarding the use of the name “Saudi Arabia” in trademark registrations. The board has officially declared the name as public property of the state, prompting the establishment of stringent controls for any trademark application incorporating this national identifier.
As disclosed in the official Gazette of the country, the newly approved guidelines dictate that applicants seeking trademark registration must either be a governmental entity, a specialized regulatory body, or their trademark must be associated with a significant and distinctive real estate or service project. Importantly, the name “Saudi Arabia” should serve as a component of the trademark, not its essential element.
The SAIP’s directive extends beyond the national name to encompass cities, regions, and public places within Saudi Arabia, all now considered state property. Trademark applications featuring these names must adhere to specific criteria, emphasizing that the city, region, or public place should be an integral component of the trademark rather than its primary element. The usage of such names in trademarks should avoid causing any confusion regarding the origin or source of goods or services.
Moreover, the guidelines apply not only to new trademark registrations but also to requests for ownership transfers and other legal transactions involving trademarks registered under these rules. This includes applications featuring names like “Saudi Arabia,” “the Kingdom of Saudi Arabia,” or any symbol or meaning alluding to the state in Arabic or other languages.
While the SAIP allows the registration of trademarks bearing the names of cities, regions, or public places with different meanings than their geographical counterparts, owners must ensure that such use does not tarnish the image or reputation of the Kingdom or its components.
The authority emphasizes that registering a trademark under these guidelines does not confer exclusive rights to the owner over a specific name, nor does it grant the ability to prevent others from using it. Notably, the registration of certification marks or collective marks as geographical indicators is permitted. These controls are applicable to trademark registration applications that were not processed before the issuance of these guidelines.
