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لـ lah | 26/11/2022 | Uncategorized | 0 comments

Trade Mark

Trade Mark

In some, the term trademark is mixed with the commercial registry, although the difference between them is clear;

The mark means any reference, symbol to distinguish a particular commodity, entity or service.

The commercial registry is a registry that records the trader’s data as an individual or company and everything related to the business.

What is the benefit of trademark registration:

The importance and usefulness of registration lies in the preservation of the product from infringement and imitation, and is a means of distinguishing the product.

Marking Procedures:

According to the new amendments issued, competence to register trademarks was granted to the Saudi Authority for Intellectual Property,

1/A registration application is submitted as the case may be, the required data is added and then the registration of a trademark is pressed.

2/Then pay the fees prescribed for registration 1000 SAR via payment, then follow up the application and wait for 7 days for examination and audit.

3/After the application is accepted, the mark shall be published for 60 days after payment of the publication fee of SAR 1575.

4/If the period of publication has passed without objection from any party, a final invoice shall be issued with the final registration fee and shall be paid within 30 days from the date of issuance of the invoice.

5/Immediately after payment of fees, the marking protection certificate is issued for 10 years and this certificate can be printed from the system.

The mark should be renewed after 10 years following payment of the renewal fee.

Article IV of the Regulations also specifies the persons allowed to register the trademark and are limited to the following categories:

  • Natural persons with Saudi nationality.
  • Anyone who has a permit to work in Saudi Arabia in artisanal or commercial business.
  • Foreigners belonging to the Kingdom’s reciprocal countries.
  • Foreigners belonging to any State to which it is a member of a multilateral international convention and the Kingdom is a party.
  • Public sector interests.

The Board of Directors of the Saudi Intellectual Property Authority recently approved the registration of family names as trademarks,

The decision excluded the registration of trademarks with widespread and frequent trade in the products or services to be registered, and the registration of the names of tribes and clans with widespread prevalence.

One of Saudi Intellectual Authority’s efforts is to issue the first Voice Trademark Certificate in the Kingdom for STC, in accordance with the Trademark System and its Implementing Regulations of the Gulf Cooperation Council.

https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/b2d0decd-a691-45b9-9af0-a9a700f1e86f/1

 

The Saudi Authority for Intellectual Property has invited those interested in establishing or individuals to register innovative voice marks by submitting through its official website:

https://www.my.gov.sa/wps/portal/snp/servicesDirectory/servicedetails/s9097

Through trademark services, complete the required procedures until the issuance of the certificate electronically.

Registration of a particular trademark can be objected to after publication in the intellectual property newspaper

Through the link:

https://ipn.saip.gov.sa/

The tag is searched and then the objection to the advertisement is chosen.

The client can also appeal against the decision of the competent department to refuse to register the trademark or comment on the requirement

Through the following link:

https://cutt.us/u7U0t

A commercial registry holder can register more than one trademark under a single registry, provided that the trademark does not refer to an activity different from that registered in the commercial registry, in accordance with article VII of the trademark system.

🖇 what procedure is followed if two or more people request to register the same mark, or resemble the essence?

The application for registration shall be suspended until one of them has submitted a written waiver from the complainants certified by a statute, or until a final judgement of the Ombudsman’s Office has been issued on the right of one to register.

It is worth mentioning the availability of a trademark registration without a commercial record

Through an initiative presented by the Ministry of Commerce in cooperation with Thiqa Business Services through the website * Ma ‘ruf *, which allowed the registration of the brand without a commercial record for all its citizens and residents, in order to develop and refine the online shopping process

The tag can be registered through Usher:

https://www.iam.gov.sa/authservice//userauthservice?lang=ar

The World Intellectual Property Organization (WIPO) of the United Nations General Assembly, whose Convention has been ratified by the Kingdom:

Also known as WIPO

The organization’s aim is to cooperate with member States to develop a global intellectual property infrastructure, under which many conventions are included.

https://www.wipo.int/portal/en/index.html

Brand Protection Mechanism:

The Saudi regulator is keen under the system of trademarks to save them from attacks

Imposition of penalties of deprivation of liberty (imprisonment) and financial penalties for anyone who commits acts contrary to the provisions of the Regulations. Article 48 of the Regulations also allows anyone who has suffered harm as a result of an offence provided for in the Regulations to claim adequate compensation for the damage suffered.

Text of the Regulations:

https://laws.boe.gov.sa/BoeLaws/Laws/LawDetails/3ec4414f-2ec5-48b1-bcb4-a9a700f1aa2b/1

Trademark Registration Link:

https://cutt.us/66Zme

At Abdul Ellah Al Humaidi office, We provide trademark registration service by communicating through:

Number: 0504328584  Or e-mail: Info@lah.sa

Trade Mark

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