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Saudi Arabia Announces Amendments to the Trademark Law

19-Nov-2012 | Source : AG-IP News | Visits : 8710
Special to ag-IP-news Agency

RIYADH - The Saudi Ministry of Commerce and Industry has issued a new Ministerial Decision No. 1147 dated October 16, 2012 amending Articles 1, 10, 11, 13, 14, 17, 20, 23, 24, 27, 29, 32, and 40 of the Implementing Regulations of Saudi Trademark Law (Law No. M/21). This Decision will be published in the Official Gazette and become effective as of the date of its publication.

The main amendments are listed as follows:

1) Trademark application shall be submitted by the applicant or his agent to the Trademark Office in Saudi Arabia. The application shall cover just one class of services or goods.

2) If a trademark application is approved by the Trademark Office, the applicant will be notified of the approval including the name of applicant, his address and nationality; trademark image and description; goods and services covered by the trademark. The notice must be given within 90 days as of its acceptance and published within 30 days on the website of the Saudi Ministry of Commerce and Industry.

3) An opposition to the trademark application may be lodged within 90 days as from the date of trademark’s publication.

4) Trademarks register will be prepared by the Trademark Office to include: number and date of trademark registration; name of trademark owner, his nationality and address; goods or services to be covered by the trademark; trademark image and description; date of obtaining trademark protection; date of priority (if any); assignment, licensing or transfer of trademark ownership.

5) Renewal application is accepted without new examination.

6) Trademark Office will publish a notification that indicates the trademark’s assignment and includes: trademark’s description; number and date of trademark registration; name of previous trademark owner; name of new trademark owner, his nationality and address.

7) Pursuant to Articles 25 and 26, the trademark will be cancelled and the Trademark Office will publish a notice regarding the same on the website of the Ministry of Commerce and Industry.

8) Temporary protection is granted to trademarks in respect of goods exhibited in national or international exhibitions if the owner of the trademark presents the temporary protection application within, minimum, one month from the exhibition’s date.
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