On 29 December 2023, the Saudi Authority for Intellectual Property (SAIP) issued decision No. 14/T/2023 setting the conditions for using the name of Saudi Arabia and the names of Saudi cities, regions, and public places as trademarks. The decision entered into force on the date of publication.

The Name of Saudi Arabia

The decision indicates that the name of Saudi Arabia is considered public property of the state, and that any application for the registration of a trademark that includes this name should be subject to the following conditions:

• The applicant must be a government entity, or an entity for which a special regulation has been issued, or the trademark must be associated with a big and distinctive real estate or service project;
• The name of Saudi Arabia should be one of the components of the trademark, and not the prominent element.

Names of Cities, Regions and Public Places

The decision points out that the names of cities, regions and public places in Saudi Arabia are also considered public property of the state, and that any application for registration of a trademark containing any of them is subject to the following conditions:

• The name of the city, region or public place should be one of the components of the trademark and not the prominent element;
• The use of the names of cities, regions or public places in the trademark should not create confusion regarding the source or origin of goods or services

These conditions also apply to:

• Any legal actions, including assignment applications, regarding trademarks that have been registered according to the above conditions;
• Applications for registration of any trademark that includes the name of Saudi Arabia, or the Kingdom of Saudi Arabia, or any reference, symbol or meaning referring to the country, whether in Arabic or any other language;
• Trademark applications that have not been processed before the issuance of this decision.

The decision allows the registration of a trademark that includes the name of a Saudi city, region, or public place if it has a meaning other than the name of the geographical area and is used for that meaning.

The owner of the trademark that was registered based on these conditions, when using the mark, is obliged not to cause any harm or defame the image or reputation of the country or its cities, regions and public places.

The registration of a trademark based on these conditions does not grant the owner an exclusive right to the name used in it and does not entitle the owner to prevent others from using that name.

By: Mohammad Al Faouri

For more information, please contact Mohammad Al Faouri at our Saudi Arabia office.