Trademark in the Saudi Law

A trademark, according to the provisions of this law, is the names embracing a distinguished shape, signatures, words, letters, numbers, drawings, codes, stamps, jutting inscriptions; or any other sign, or any combination of it that can be perceived by sight, and apt to distinguish industrial, commercial, professional, and agricultural products; or a project tapping into forests or natural wealth.

Or it could show that the product on which the trademark is put is ascribed to the owner of the trademark for manufacturing it, picking it, inventing it, or trading in it. or it points to performing some service.

By registration of the trademark, this guarantee the owner Property Rights, and secure exclusivity right of benefiting from this trademark, and accordingly grants owner the right t
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o give license to third parties to benefit the trademark for a certain financial return. The protection period varies due to nature, type and region of the required registration to protect the trademark. It is possible to extend the geographical and time range for the trademark protection via registration with other countries in return for additional costs, which give international Trademark property protection.

The Saudi Trademark Protection Regulations guarantees punishment of any violator to trademarks owned by others, whether by imitation, conterfietation or usage without the consent and permission of the owner as follows:-

Forty-third Article:
Without prejudice to any severer penalty, it is punished by imprisonment for no more than a year and with a fine no less than fifty thousand Saudi Riyals, and not more than SR a million, or by one of these two penalties:

A.Whoever has counterfeited or has imitated a trademark in a way that causes misleading the public, and whoever, with ill-intention, used a counterfeited or imitated trademark.

B. Whoever, with ill-intention, put on their products, or has used with regard to their services a trademark owned by others.

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