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Federal Decree by Law Concerning Trademarks

The last update on this law was listed on 20 Sep 2021

Related legislations

Issued Date

20 Sep 2021

Effective Date

02 Jan 2022

Official Gazette Date

26 Sep 2021

Official Gazette No

712 (ملحق)

Legislation State

Active

Disclaimer: Every effort has been made to produce an accurate and complete English version of this website/ legislation. However, for the purpose of their interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text will prevail

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Chapter One: Definitions and General Provisions

Chapter One: Definitions and General Provisions

Article (3)

The following objects may neither be deemed a trademark or part thereof nor be registered as a trademark:

1. A mark that is lacking any distinctive feature or made up of details that are merely the designation commonly given to commodities and services, familiar drawings or normal images of commodities and services.
2. Expressions, drawings or marks offending public morals or the public order.
3. Public logos, flags, military rank insignias, badges of honour, national and foreign accolades, coins, banknotes and any other symbols related to the State or other States or Arab or foreign organizations or an institution thereof or any imitation of any of them.
4. Symbols of the Red Crescent or the Red Cross and other similar symbols and the signs imitating the same.
5. Marks identical or similar to symbols of a religious nature.
6. Geographical names and details if the use thereof would likely cause a confusion as to the source or origin of the underlying commodities or services.
7. A third party's name, surname, photo, logo or nickname, unless he or his heirs approve the use thereof in advance.
8. Details related to honors or scientific degrees whose registration applicant fails to prove that he is legally entitled thereto.
9. Marks that would mislead the public or that include false information about the origin or source of commodities or services or their other features, as well as marks that contain a tradename owned by third parties.
10. Marks owned by natural or legal persons who are prohibited to be dealt with under the legislation in force in the State.
11. A trademark identical or similar to any other trademark that had been lodged or registered by third party for the same commodities or services or for related commodities or services, if the use of the trademark whose registration is applied for would give rise to an impression of a connection between them and other commodities or services of the registered trademark's owner or would affect the latter's interests.
12. The trademark of some commodities or services whose registration would undermine some commodities or services with an already registered trademark;
13. The trademarks that involve copying, imitation, translation, Arabization, or vocal translation of a third party's famous trademark or part thereof, and which are intended to be used for distinguishing commodities or services identical or similar to those distinguished by the famous trademark;
14. The trademarks that involve copying, imitation, translation, Arabization, or vocal translation of a third party's famous trademark or an essential part, and which are intended to be used for distinguishing commodities or services that are not identical or similar to those distinguished by the famous trademark, if such usage would likely indicate a connection between those commodities and services and the famous trademark, and it would be likely, in the event of registration of such a trademark, that such registration could inflict damage upon the interests of the owner of the famous trademark;
15. The trademarks that include the following expressions or phrases: "franchise, franchised, registered, registered drawing , copyright" or any other similar words or expressions;
Any 3D trademark consisting of a shape resulting from the nature of the commodities specified in the registration application or required for achieving a technical result, where there are no particular elements that differentiate such shape from other shapes.

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