IP Decisions KSA

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Al Arosa Case

Al Arosa Case

Case No 7927, 1, q, 1437H, between Awlad Badawi CO. vs. Ministry of Commerce Cancellation of Un-used trademark. Registration made on the basis of cheating, fraud, misrepresentation and all forms of dishonesty is without right and prohibited under Shariah law.

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Al Jazzar Case

Al Jazzar Case

Before Administrative Court in Riyadh Opposition on the basis of imitation of family name by the applicant of trademark. A dictionary word cannot be refused registration merely on the basis of a family name of any person.

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BENTLEY Case

BENTLEY Case

Case No 7151, q, 1436H, between BENTELY Motors CO. vs. Ministry of Commerce Cancellation of non-used trademark An un-used trademark for consecutive five years warrants cancellation under Saudi trademark law.

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Chelaton Case

Chelaton Case

Case No. 645 Novartis AG vs Saudi Generic Company Registration of pharmaceutical generic product with drugs department does not exempt generics from liability of patent infringement.

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Gloria Jeans

Gloria Jeans

Case No. 1443/1/q of 1436H Cancellation of Trademark on the basis of Fraudulent registration Mere similarity with earlier marks does not establish fraud. Fraud shall be proved separately.

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LEDVANCE Case

LEDVANCE Case

Case No. 4169 between LEDVANCE Gmbh vs Ministry of Commerce & Investment (MoCI) Assignment filed during appeal is a new fact and cannot be applied to trademark application filed prior to change of status. Refusal of Trademark on relative ground. Citation of earlier mark owned by a related company. Assignment made during appeal stage.

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Roxtec Case Infringement

Roxtec Case Infringement

Case No. 12230/1/q between Roxtec International AB Vs. Mashareq Commercial Technical Institution. Infringement of a registered trademark Goods not from original source shall be destroyed. Damages will require cause-and-effect relationship

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Super Star Case

Super Star Case

Case No. 27621/1/s Opposition against acceptance of trademark by MoCI. Similarity in dominant part will lead to confusion in market.

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V-Comb Case

V-Comb Case

Case No. 9798 between Tolife Technologies Pty Ltd vs Fares Yahya Mashreqi Trading Co. Opposition on the basis of un-registered well-known trademark Earlier use and fame in Saudi Arabia is sufficient cause to cancel a later trademark application.

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LEGO Case

LEGO Case

LEGO A mark similar or identical to an unregistered well-known mark cannot be registered by third parties in Saudi Arabia. In this opposition, Kadasa IP represented the opponent against publication of trademark LEGO in Latin characters in Class 35, concerning advertising matters. The opponent alleged that the opposed mark is identical with its trademark LEGO registered in the same class and many other classes. The opponent further pleaded that

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IP Decisions KSA