Unified GCC Trademark Law to Enter into Force by 2008
06 Mar 2007RIYADH - A decree will be issued in each member state of the six-member Gulf Cooperation Council (GCC) approving the Unified Trademark Law which was issued on December 10, 2006, according to Abu-Ghazaleh Intellectual Property (AGIP) Riyadh Office Manager Ma'an Al-Khen.
The law was approved by the GCC leaders of Saudi Arabia, Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates during the 27th session of the GCC Supreme Council Summit which took place in Riyadh, December 9-10, 2006.
“The Implementing Regulations are expected to be issued before the end of the year and the law shall be in force by 2008,” he added.
The law was approved by the GCC leaders of Saudi Arabia, Bahrain, Kuwait, Oman, Qatar and the United Arab Emirates during the 27th session of the GCC Supreme Council Summit which took place in Riyadh, December 9-10, 2006.
“The Implementing Regulations are expected to be issued before the end of the year and the law shall be in force by 2008,” he added.
According to the law, unified filing does not exist; it is necessary to file individual applications in each member state of the GCC in order to gain protection.
The law, a copy of which has been obtained by AGIP, provides clarity regarding what constitutes a trademark, what is eligible for registration and what cannot be registered.
Eligible trademarks for registration include words, designs, letters, numerals, colors, the shape of goods, their packaging and the combinations thereof. Marks that include sound or smell can also be registered. In addition, well-known international trademarks shall be protected in the GCC States.
With respect to the duration of protection, the law provides a ten-year protection term which may be renewed for similar consecutive periods. Non-use for successive five years without a legitimate reason makes the mark subject for cancellation by any interested person.
To achieve better protection for trademarks in the GCC States and prevent any infringement, stringent penalties are imposed on violators. Such penalties include a five-year imprisonment and/or a fine reaching up to one million Saudi Riyals ($266, 722, 24).
To achieve better protection for trademarks in the GCC States and prevent any infringement, stringent penalties are imposed on violators. Such penalties include a five-year imprisonment and/or a fine reaching up to one million Saudi Riyals ($266, 722, 24).
Follow us
