Royal Decree No. (M/21) dated 28/5/1423H (corresponding to 7/8/2002AD)

Transcription

1 Royal Decree No. (M/21) dated 28/5/1423H (corresponding to 7/8/2002AD) WITH THE HELP OF ALMIGHTY ALLAH, IN THE NAME OF THE CUSTODIAN OF THE TWO HOLY MOSQUES, KING FAHD IBN ABDULAZIZ AL-SAUD, WE, ABDULLAH IBN ABDULAZIZ AL-SAUD, VICE KING OF THE KINGDOM OF SAUDI ARABIA, Upon the Royal Decree No. (A/25) dated 8/3/1423H (corresponding to 20/2/2002AD), Upon the Article (70 th ) of the Basic Law of Saudi Arabia, issued upon the Royal Decree No. (A/90) dated 27/8/1412H (corresponding to 2/3/1992AD), Upon the Article (20 th ) of the Law of the Council of Ministers of Saudi Arabia, issued upon the Royal Decree No. (A/13) dated 3/3/1414H (corresponding to 21/8/1993AD), Upon the Articles (18 th ) and (17 th ) of the Law of the Consultative Assembly of Saudi Arabia Majlis Ash Shura issued upon the Royal Decree No. (A/91) dated 27/8/1412H (corresponding to 2/3/1992AD), After reviewing the Law of Trade Marks issued upon the Royal Decree No. (M/5) dated 4/5/1404H (corresponding to 6/2/1984AD), After reviewing Majlis Ash Shura Resolution No. (40/45) dated 22/10/1423H (corresponding to 26/12/2002AD), And after reviewing the Council of Ministers of Saudi Arabia Resolution No. (140) dated 26/5/1423H (corresponding to 5/8/2002AD), HEREBY DECREE THE FOLLOWING:

2 First: The approval of the Law of Trade Marks with the attached form. Second: His Excellency Deputy Prime Minister and Ministers shall take this Decree into action - each under his jurisdiction-. Abdullah ibn Abdulaziz

3 Council of Ministers of Saudi Arabia Resolution No. (140) dated 26/5/1423H (corresponding to 5/8/2002AD) THE COUNCIL OF MINISTERS OF SAUDI ARABIA, After reviewing the message No. 7/20544/r dated 14/12/1422H (corresponding to 26/2/2002AD) coming from the Diwan of the Prime Minister of Saudi Arabia, including the two telegrams No. 96/34/528/28950/1 dated 10/3/1421H (corresponding to 12/6/2000AD) and No. 96/34/528/85023/1 dated 28/7/1421H (corresponding to 25/10/2000AD) sent by His Royal Highness the Minister of Foreign Affairs concerning the Draft Law of Trade Marks drafted by the Ministry of Commerce, After reviewing the Law of Trade Marks issued upon the Royal Decree No. (M/5) dated 4/5/1404H (corresponding to 6/2/1984AD), After reviewing the Minutes No. (332) dated 21/9/1421H (corresponding to 17/12/2000AD) prepared in the Bureau of Experts at the Council of Ministers, After reviewing Majlis Ash Shura Resolution No. (40/45) dated 22/10/1422H (corresponding to 6/1/2002AD), After reviewing the Minutes No. (54) Dated 15/2/1423H (corresponding to 28/4/2002AD) prepared in the Bureau of Experts at the Council of Ministers, And after reviewing the recommendation No. (245) dated 12/5/1423H (corresponding to 22/7/2002AD) submitted by the General Committee of the Council of Ministers, HEREBY DECREES THAT: The approval of the Law of Trade Marks with the attached form. A Royal Decree draft was already prepared implying that, and its form is attached hereto.

4 Vice Prime Minister Ministerial Resolution No. (1723) dated 28/7/1423H (corresponding to 5/10/2002AD) concerning the issuance of the Implementing Regulation of the Law of Trade Marks THE MINISTER OF COMMERCE, Upon the authorities assigned thereto, After reviewing the regulation of competences of the Ministry of Commerce issued upon the Council of Ministers Resolution No. (66) dated 6/4/1374H (corresponding to 2/12/1954AD), After reviewing the Law of Trade Marks issued upon the Royal Decree No. M/21 dated 28/5/1423H (corresponding to 7/8/2002AD), And upon the requirements of public interest, HEREBY DECREES THE FOLLOWING: Article (1): the Implementing Regulation of the Law of Trade Marks shall be issued with the attached form. Article (2): This Resolution shall be published in the Official Gazette and shall come into force as from the date of activating the Law of Trade Marks. May Allah bless us, Minister of Commerce

5 Ministerial Resolution No. (2341) dated 19/11/1423H (corresponding to 22/1/2003AD) concerning the modification of the Implementing Regulation of the Law of Trade Marks THE MINISTER OF COMMERCE, Upon the authorities assigned thereto, After reviewing the regulation of competences of the Ministry of Commerce issued upon the Council of Ministers Resolution No. (66) Dated 6/4/1423H (corresponding to 17/6/2002AD), After reviewing the Law of Trade Marks issued upon the Royal Decree No. M/21 dated 28/5/1423H (corresponding to 7/8/2002AD), After reviewing the Implementing Regulation of the Law of Trade Marks issued upon the Ministerial Resolution No dated 28/7/1423H (corresponding to 5/10/2002AD), After reviewing the memorandum submitted by His Excellency the Assistant Undersecretary for Legal Affairs and dated 18/11/1423H (corresponding to 21/1/2003AD), And upon the requirements of public interest, HEREBY DECREES THE FOLLOWING: First: the text of the Article (39) of the Implementing Regulation of the Law of Trade Marks issued upon the Ministerial Resolution No. (1723) dated 28/7/1423H (corresponding to 5/10/2002AD) shall be changed to "Officials appointed pursuant to a resolution by the Minister of Commerce shall act as judicial investigation officers".

6 Second: This Resolution shall be published in the Official Gazette and shall come into force as from the date of issuance. May Allah bless us, Minister of Commerce Ministerial Resolution No. (1710) dated 21/2/1425H (corresponding to 11/4/2004AD) THE MINISTER OF COMMERCE AND INDUSTRY, Upon the authorities assigned thereto, After reviewing the Law of Trade Marks issued upon the Royal Decree No. M/21 dated 28/5/1423H (corresponding to 7/8/2002AD), After reviewing the Implementing Regulation of the Law of Trade Marks issued upon the Ministerial Resolution No dated 28/7/1423H (corresponding to 5/10/2002AD), And upon the requirements of public interest, HEREBY DECREES THE FOLLOWING: First: the two Articles (5, 13) of the Implementing Regulation of the Law of Trade Marks shall be changed into: Article (5): If the applicant for registration of a trademark, or his successor, wishes to enjoy the right of priority on account of a prior application filed in a country which is a member of a multilateral international treaty to which the Kingdom is a party, or a country which has reciprocal treatment with the Kingdom, he shall support his application with a statement showing the filing date of the prior application, its number and the country where it was filed.

7 Further, the applicant shall file a copy of such prior application duly authenticated by the competent authority in the country of filing. Article (13): The applicant for registration must pay the trademark registration fees as prescribed in Article (41) of the Law within 180 days from the date of issuance of the final decision of accepting the registration of the trademark. The decision of accepting registration shall be final upon the elapse of 90 days from the date of publication of the notice of the trademark in the Official Gazette without any objection against registration being filed or upon the issuance of a final judgment in this regard by the Board of Grievances, failing which the application shall be considered null and void. Second: This Resolution shall be published in the Official Gazette and shall come into force as from the date of issuance. Minister of Commerce in Industry

8 Minister of Commerce and Industry Resolution No. (7553) dated 4/7/1429H (corresponding to 7/7/2008AD) THE MINISTER OF COMMERCE AND INDUSTRY, Upon the authorities assigned thereto, After reviewing the Law of Trade Marks issued upon the Royal Decree No. M/21 dated 28/5/1423H (corresponding to 7/8/2002AD), After reviewing the Implementing Regulation of the Law of Trade Marks issued upon the Ministerial Resolution No dated 28/7/1423H (corresponding to 5/10/2002AD), After reviewing the Ministerial Resolution No. (1710) dated 21/2/1425H (corresponding to 11/4/2004AD), And upon the requirements of public interest, HEREBY DECREES THE FOLLOWING: First: the Article (13) of the Implementing Regulation of the Law of Trade Marks shall be changed into: The applicant for registration must pay the trademark registration fees as prescribed in Article (41) of the Law within 270 days from the date of issuance of the final decision of accepting the registration of the trademark. The decision of accepting registration shall be final upon the elapse of 90 days from the date of publication of the notice of the trademark in the Official Gazette without any objection against registration being filed or upon the issuance of a final judgment in this regard by the Board of Grievances, failing which the application shall be considered null and void.

9 Second: This Resolution shall be published in the Official Gazette and shall come into force as from the date of publication. Minister of Commerce and Industry Abdullah ibn Ahmed Zainal Ali Reza Ministerial Resolution No. (1147) dated 30/11/1433H (corresponding to 7/7/2008AD) THE MINISTER OF COMMERCE AND INDUSTRY, Upon the authorities assigned thereto, After reviewing the Law of Trade Marks issued upon the Royal Decree No. M/21 dated 28/5/1423H (corresponding to 7/8/2002AD), After reviewing the Implementing Regulation of the Law of Trade Marks issued upon the Ministerial Resolution No. (1723) dated 28/7/1423H (corresponding to 5/10/2002AD) and its amendments, And upon the requirements of public interest, HEREBY DECREES THE FOLLOWING: First: the Articles (1, 10, 11, 13, 14, 17, 20, 23, 24, 27, 29, 32, and 40) of the Implementing Regulation of the Law of Trade Marks shall be changed into: Article (1): The application for registration of trademarks shall be submitted in the form prepared for that purpose to the Trademarks Office at the Ministry of Commerce and Industry by the party concerned, if domiciled in the Kingdom, or by an official agent domiciled in the Kingdom. The application must be limited to the registration of a single trademark in one class. The number of applications shall be equal to the number of the

10 classes of products or services in respect of which registration is sought, which are listed in Appendix (1) hereto, which is updated from time to time, pursuant to a Ministerial resolution drafted by the Trademarks Office, whenever necessary, in accordance with the Nice International Classification of Goods and Services. Article (10): If a trademark is accepted, the Trademarks Office shall prepare a notice of the trademark including the following data: 1. Applicants name, address, and nationality. 2. Reproduction and description of the trademark. 3. Goods or services in respect of which registration of the trademark is sought, and their class. The applicant shall receive the notice within 90 days from the date of issuing the decision accepting the registration or from the date of the Minister decision accepting the appeal. The applicant shall publish the said notice on the MCI Portal or any other Portal determined by the MCI at his own expense within 30 days, or otherwise he shall be deemed as relinquished. Article (11): Any party with an interest may file with the Board of Grievances an objection against acceptance of the registration of a trademark, within 90 days from the date of publication of the notice in the MCI Portal or any other Portal determined by the MCI, provided that a notification thereof shall be submitted to the Trademarks Office by the appellant, along with depositing a copy of such objection within the same period. The Office shall not take any further action, till a final decision by the Board of Grievances with respect to the said objection is issued. Article (13): The applicant for registration must pay the trademark registration fees as prescribed in Article (41) of the Law within 270 days from the date of issuance of the final decision of accepting the registration of the trademark.

11 The decision of accepting registration shall be final upon the elapse of 90 days from the date of publication of the notice of the trademark in the on the MCI Portal or any other Portal determined by the MCI without any objection against registration being filed or upon the issuance of a final judgment in this regard by the Board of Grievances, failing which the application shall be considered null and void. Article (14): A register entitled Trademarks Register shall be maintained at Trademarks Office in the Ministry of Commerce and Industry wherein shall be entered the following data: 1. Trademark Registration number and date. 2. Trademark owners name, surname, nationality, address, and trade name, if any. If the trademark owner is a corporate person, its name, address and nationality shall be stated. 3. Goods or services in respect of which registration of the trademark is sought, and classes thereof. 4. Reproduction and description of the trademark. 5. Trademark protection starting and expiry dates. 6. Priority date, if any. 7. The acts upon which the trademark is disposed, such as notices of assignment or transfer of trademark ownership, license to use the trademark, or renewal or cancellation of the trademark registration. Article (17): Renewal applications accepted in terms of form shall be approved without a reexamination. The Trademarks Office shall prepare a notice of renewal including the following data: 1. Trademark description. 2. Trademark registration number. 3. Trademark owners name, address and nationality.

12 The owner of a trademark shall publish the said notice on the MCI Portal or any other Portal determined by the MCI at his own expense. The Office shall record later the renewal in the Register and on the original certificate after publication. Article (20) The Trademarks Office shall prepare a notice of the trademark ownership transfer including the following data: 1. Description of trademark. 2. Trademarks registration number and date. 3. Transferors name. 4. Transferees name, nationality and address. The applicant shall publish the said notice on the MCI Portal or any other Portal determined by the MCI at his own expense. Article (23): A pledge shall be removed based on an application submitted to the Trademarks Office by the owner of the trademark accompanied with the original certificate of registration and the documents proving that that said pledge has been released. The applicant shall publish the said removal on the MCI Portal or any other Portal determined by the MCI at his own expense in accordance with the notice prepared by the Office in this regard. The Office shall record later the removal of the pledge in the Register and on the original certificate after publication. Article (24): A trademark registration may be cancelled in accordance with the provisions stipulated in Articles (25) and (26) of this Law. The Office shall record the cancellation of registration in the Trademarks Register and shall publish the same on the MCI Portal or any other Portal determined by the MCI, provided that the notice shall include the following data:

13 1. Reproduction of the trademark. 2. Trademark registration number. 3. Name and nationality of the owner of the trademark. 4. Grounds for cancellation of registration. Article (27): The Office shall record the license to use the trademark in the Register and on the original certificate of trademark registration. The license contract shall be announced pursuant to a notice prepared by the Trademarks Office including the following data: 1. Reproduction of the trademark. 2. Trademark registration number and date. 3. Name, address, and nationality of the owner of the trademark. 4. Name, address, and nationality of the licensee. The applicant shall publish the said notice on the MCI Portal or any other Portal determined by the MCI at his own expense. Article (29): In case there has been no objection to the cancellation of the license or, in case a final decision pertaining to the objection has been issued by the Board of Grievances, the Office shall prepare the necessary notice. The cancellation petitioner shall publish the said notice on the MCI Portal or any other Portal determined by the MCI at his expense and the Office shall record the cancellation of the license in the Register and on the original certificate after publication. Article (32): If the owner of a trademark desires to secure provisional protection to his trademark which is used on products or services displayed in national or international exhibitions held in the Kingdom or in any other country having reciprocal treatment with the Kingdom, the said owner shall notify the Trademarks Office at the Ministry of Commerce

14 and Industry of such desire, not less than one month before the opening of the said exhibition. The said notification shall be submitted on the form designated for that purpose including four reproductions of the trademark and a proof of payment of the prescribed fee in accordance with Article (41) of the Law. Article (40): The Ministry of Commerce and Industry shall draft a notice of the judgment rendered against a repeating violator, in accordance with Article (45) of this Law, and it shall be published at the expense of the violator in a distinct place in two widely distributed newspapers, one of which is published in the province where the violators head office is located, if any. Second: This Resolution shall be published in the Official Gazette and shall come into force as from the date of publication. Minister of Commerce and Industry Tawfiq Bin Fawan Al Rabiah