AGE REVITALIZE

Descriptive marks

Decision in Administrative case No: (1121- 1436) H

Trademarks describing the goods or services applied for should not be accepted.

Facts:

This case discusses the requirement of distinctiveness under Saudi trademark law. Trademark application for AGE REVITALIZE in Class 3 was refused by the Trademark Office on the basis of descriptiveness for the goods covered in the application.

The applicant filed appeal to the administrative court seeking revocation of the decision of the Trademark Committee which upheld examiner’s decision of refusal of registration of the word mark “AGE REVITALIZE), in Latin characters in class (3). The refusal was based on Article 2 of the former Saudi Trademarks Law equivalent to article 3 of the current GCC Trademark Law, applicable in Saudi, which provides as follows:

“Marks devoid of any distinctive character or describe the goods or services etc.”

The applicant contested that article 2 is not applicable to his client trademark since the mark is distinctive and does not describe the features of the goods covered. The applicant further pleaded that the mark is in compliance with Article 1 of the former Saudi Trademarks Law “article 2 in the current law” which defined the trademark as any mark having a distinctive form such as names, words, signatures, letters, figures, drawings, logos,… etc.” and that his client mark is a combination of words capable of distinguishing goods and services. The applicant requested the court to cancel the decision of the Trademark Committee and allow the mark for registration. The defendant (MoCI) responded to the applicant memorandum and asserted that the mark “AGE REVITALIZE” is clearly descriptive in that the mark describes the goods covered as giving new life or energy or activity, therefore, the mark is contrary to article 2 of the law. The court was requested to dismiss the plaintiff’s case.

The administrative court in Riyadh upheld the decision of the Trademark Committee and refused registration of the mark “AGE REVITALIZE” on the ground of descriptiveness of the mark. The court mentioned that the word “REVITALIZE” is undeniably descriptive, it gives clear identification to the goods covered as giving life or energy or activity which is prohibited in view of Article 2 of the Trademark Law.

IP Decisions KSA