Trademarks Law

advertisement
Trademarks Law
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 (70th) 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 (20th) 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 (18th) and (17th) 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 Decree 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:
First: The approval of Trade Marks Law according to the attached form.
Second: His Excellency Deputy Prime Minister and Ministers shall take this Decree into
action - each under his jurisdiction-.
Abdullah ibn Abdulaziz
Council of Ministers of Saudi Arabia Decree No. (140) dated 26/5/1423H (corresponding to
5/8/2002AD)
THE COUNCIL OF MINISTERS OF SAUDI ARABIA,
After reviewing the file No. 7/20544/r dated 14/12/1422H (corresponding to 26/2/2002AD)
incoming from the Divan of the Cabinet Presidency 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 Decree 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,
We, HEREBY DECREE THE FOLLOWING:
The approval of the Law of Trade Marks according to the attached form.
A Royal draft Decree has already been prepared implying that, and its form is attached hereto.
Vice Prime Minister
Ministerial Decree 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 to him 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
Ministerial Decree 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 to him thereto,
After reviewing the regulation of competences of the Ministry of Commerce issued upon the
Council of Ministers Decree 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 Decree No. 1723 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 Decree 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".
Second: This Decree shall be published in the Official Gazette and shall come into force as
from the date of its issuance.
May Allah bless us,
Minister of Commerce
Ministerial Decree No. (1710) dated 21/2/1425H (corresponding to 11/4/2004AD)
THE MINISTER OF COMMERCE AND INDUSTRY,
Upon the authorities assigned to him 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 Decree No. 1723 dated 28/7/1423H (corresponding to 5/10/2002AD),
And upon the requirements of public interest,
WE, HEREBY DECREE 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.
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
Minister of Commerce and Industry Decree No. (7553) dated 4/7/1429H (corresponding to
7/7/2008AD)
THE MINISTER OF COMMERCE AND INDUSTRY,
Upon the authorities assigned to him 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 Decree No. 1723 dated 28/7/1423H (corresponding to 5/10/2002AD),
After reviewing the Ministerial Decree 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”.
Second: This Decree 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 Decree 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 Decree 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 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 NIECE 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 web site or any other web site
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 web site or any other web site 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.
• 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 on the MCI web site or any other web site
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, otherwise his
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 where the following data would be entered:
1. Trademark Registration number and date.
2. Trademark owners name, surname, nationality, address, and trade name, if any. If the
trademark owner is a legal person, his 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. Photo 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 endorsed: 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.
The owner of a trademark shall publish the said notice on the MCI web site or any other site
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 web site or any other site 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 the said pledge has been released.
The applicant shall publish the said removal on the MCI web site or any other site 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 web site or any other web site determined by the MCI, provided
that the notice shall include the following data:
1. Photo of the trademark.
2. Trademark registration number.
3. Name and nationality of the owner of the trademark.
4. Reasons 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. Photo 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 web site or any other web site
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 web site or any other web
site 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 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 photos 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 Decree shall be published in the Official Gazette and shall come into force as
from the date of publication.
Minister of Commerce and Industry
Dr. TAWFIG FAWZAN ALRABIAH
Trade mark Law
First Part
General Provisions
First Article:
A trademark, according to the provisions of this law, is the names embracing a distinguished
shape, signatures, words, letters, numbers, drawings, codes, stamps, jutting inscriptions; or
any other sign, or any combination of it that can be perceived by sight, and apt to distinguish
industrial, commercial, professional, and agricultural products; or a project tapping into
forests or natural wealth. Or it could show that the product on which the trademark is put is
ascribed to the owner of the trademark for manufacturing it, picking it, inventing it, or trading
in it. Or it points to performing some service.
Second Article:
The signs, logos, and emblems among others set out below are not and are not registered as a
trademark:
A. The signs in lack of any distinguished characteristic, and which are a description for the
characteristics of the products or services. Or the signs which are just normal names given, by
way of convention, to the products or services.
B. Every expression, sign, or drawing goes against religion, or is compatible or similar to
religious-oriented symbol.
C. Every expression, sign, or drawing goes against proprieties or public ethics.
D. The general slogans and flags among others in terms of the symbols, names, or titles related
to the Kingdom or any some state which treats them likewise, or some member state in a
multilateral international agreement with the Kingdom one of its parties, or related to an
international or governmental organization.; as well as any imitation for these slogans, flags,
symbols, names, or titles unless it is authorized by the party owning them.
E. The official signs and stamps of the Kingdom and of the states and organizations referred to
them in the paragraph (D) if these signs and stamps are related to its control over the
products, services, or their guarantee; unless they are authorized by the party owning them.
Such a ban takes effect only when the trademark is prepared to be used on the products
themselves or services, or on similar products and services.
F. The geographical names if its usage causes confusion with regard to the source of the
products, services, or their origin; or it aims at unduly monopolizing the source information
naming the origin country.
G. Others' photos or their personal or commercial names if they or their heirs did not consent
to be used.
H. Information related to honor degrees
I. The information which is conducive to mislead the audience, or which is false about the
source of the products, services, or their other characteristics, as well as the trademarks
containing unreal, imitated, or counterfeit commercial name.
J. The trademarks compatible or similar to the well-known trademarks in the Kingdom even if
they are not registered as compatible or similar commodities or services. And the trademarks
compatible or similar for those well-known in the Kingdom, and which are registered in it as
commodities or services not compatible or similar; on the condition that this benefit does not
sustain harm to the owner of the well-known trademark.
K. The trademarks owned by normal or judicial persons that are banned to deal with them
according to the decision issued by the concerned body.
L. The signs compatible or similar to trademarks that have previously been registered by
others over compatible or similar products or services. Also, the signs which result from their
registering, in relation to some products or services, underestimating the value of others'
products or their services.
Second Part
Trademark Registration Procedures and their Faming
Third Article:
A register is prepared by the concerned department in the Ministry of Commerce, called the
"Trademark Registry", in which all the registered trademarks are recorded, as well as the
notices of waiving their ownership, their transferring, their mortgaging, their attaching, or
licensing their usage, as well as their renewing or their deleting, and all the information which
are provided by the executive regulation.
Fourth Article:
The following groups have the right to register the trademarks"
• The normal or judicial persons holding the Saudi nationality.
• Persons residing in the Kingdom and who are authorized to practice the commercial or
professional work.
• Persons belonging to a state treating the Kingdom likewise.
• Persons belonging to a member state in multilateral international agreement, with the
Kingdom being party in it or residing in that state.
• General associations.
Fifth Article:
A registration request is presented for each trademark having the terms provided in the first
article of this law by the concerned person, if they had residence in the Kingdom or by an
official proxy residing in it, to the concerned department in the Ministry of Commerce
according to the terms or procedures set by the implementing regulation.
Sixth Article
It is permissible to request registering the trademark for a group or more than groups of the
products or services. And the requests are multiplied in line with the multiplicity of the groups
requested to have their trademark registered; this is according to the terms and procedures set
by the executive regulation.
Seventh Article:
It is permissible to submit one request to register a group of compatible trademarks with
regard to their essential elements. Their differences are restricted to issues having nothing to
do with their core selves such as color of the trademarks, information of the products, or the
services related to them; on the condition that these products or services would be related to
the same group.
Eighth Article:
In the event that two people or more request registering the same trademark or similar
trademarks in a manner causes confusion with regard to a group of the product or service
groups. And the requests have the same submission date or the same priority date. Then, the
registration request is suspended until one of them submits a written waive to the other
disputing party, legally approved; or until a final ruling is issued from the Board of
Grievances, giving any of them the right for registration.
Ninth Article
If the person requesting to register a trademark or successor wanted to have the priority, based
upon a previous request submitted in a member state of a multilateral international agreement
with the Kingdom being party in it, or another state treating the Kingdom likewise, they shall
enclose, along with their request, acknowledgement herein showing the previous request date,
its number, and the state where the request is submitted. Also, the person requesting to
register a trademark shall submit a copy of the previous request, approved by the concerned
authority in the state where it was submitted. This is to take place within six months of the
date of submitting the registration request, according to which the priority is given; or their
right in claiming it shall drop.
Tenth Article
The concerned department in the Ministry of Commerce shall settle a registration request
within sixty days of the date of its submission, when all the terms and procedures provided in
this Law and the implementing regulation are met.
Eleventh Article:
If the concerned department sees that the registration request does not comply with the
provisions of this Law, it shall notify, in writing, the registration applicant with that. It also
has the right to request that the terms be met, or to introduce the necessary amendments to
pass the registration request.
Twelfth Article
If the registration applicant does not respond to the requests of the concerned department,
regarding meeting the terms or introducing amendments within sixty days of the date of
notifying them with that, their request shall be considered declined as of the date past the
deadline.
Thirteenth Article:
The relevant person has the right to file a complaint to the Minister of Commerce with regard
to the decision issued declining his request within sixty days from the date of notifying him
with it. And if the Minister of Commerce issues a decision rejecting the complaint, the
concerned person shall have the right to appeal it before the Board of Grievance within thirty
days of the date of notifying him with it.
Fourteenth Article:
In the event that the trademark registration is accepted, the concerned department shall make
the registry in the manner and procedures determined by the implementing regulation. And
the registration applicant is committed to paying the registry costs.
Fifteenth Article:
Whoever is concerned has the right to object to passing the trademark registration before the
Board of Grievance within sixty days of the date of its registry, together with submitting a
copy of the objection and a proof of its submission to the concerned department in the
Ministry of Commerce.
Sixteenth Article:
The concerned department is to register the trademark in the register provided in the article
"3" of this Law, after the decision issued passing the trademark registration is rendered final;
or a ruling ,in this regard, is issued by the Board of Grievance. The registration is to take place
according to the procedures or terms determined by the implementing regulation.
Seventeenth Article
Once fully registered, the owner of the trademark is handed a certificate including the
information determined by the implementing regulation; and they, in particular, are:
• The serial number of the trademark registration.
• Date of registration request submission, registration date, and the priority date, if any.
• Trademark or the name of the trademark's owner, his domicile, and his nationality.
• A photo of the trademark.
• A statement of the products or services about which the trademark has been registered, and
a statement of its group.
Eighteenth Article:
The owner of the trademark that has been registered has the right to request from the
concerned department introducing any additions or amendments to it that have nothing to do
with its core self. And the terms and procedures of the original registration requests are
applied to this request.
Nineteenth Article:
Whoever is concerned, has the right to view the register provided in article "3" of this Law,
and to request information or photos of what is recorded.
Third part
Trademark Registration Effects
Twentieth Article:
The trademark registration takes effect as of the date of registration request submission, and
this date is proven according to what is determined by the implementing regulation.
Twenty-First Article:
The person who registered the trademark is its sole owner, and any person's benefit from a
registered trademark is conditioned by its owner's consent. The owner of the registered
trademark has the right to file a lawsuit to demand preventing others from using it or using
any other similar sign that proves misleading to the audience in terms of the products or
services about which the trademark has been registered, as well as in terms of the similar
products or services. And it is excluded, with regard to the rights resulting from the trademark
registration, the fair usage for the signs, phrases, and the imaginary descriptive drawings from
the distinctive characteristic which the trademark has included.
Twenty-Second Article:
The rights resulting from registering the trademark of the relevant person are to last for ten
years, unless they are renewed.
Fourth Part
Trademark Renewal and Abolishing
Twenty-Third Article:
The owner of the trademark has the right to submit a request to renew its registration within
the last year of its protection period and for the six months' time following it. This is according
to the terms and procedures provided in this Law and its executive regulation.
Twenty-Fourth Article:
The trademark is renewed without any new examination, and the registration renewal is
licensed according to the terms and procedures provided in the executive regulation.
Twenty-Fifth Article:
The concerned department and every interested party have the right to request deleting the
trademark registration in the following cases:
A. If the owner of the trademark has not used it for five consecutive years, without any legal
excuse.
B. If the trademark registration has proven to be not in line with the general rules or the public
ethics.
C. If the trademark registration has been based upon fraud and false information.
The Board of Grievance is concerned with the settling of registration-abolishing requests.
Twenty-Sixth Article:
The trademark registration is deleted by the force of law in the following two cases:
A. The trademarks whose registration has not been renewed according to this Law and its
executive regulation.
B. The trademarks owned by natural or legal parties, and the concerned bodies issued a
decision banning dealing with them.
Twenty-Seventh Article:
If a trademark has been deleted, it is allowed to be registered for others' interest for the same
products or services, or for similar products or services only after three years of the deleting
date; unless the deleting decision has provided a less time.
Twenty- Eighth Article:
The abolishing of the trademark registration will be famed according to the procedures and
terms provided in the executive regulation. Abolishing takes effect as from the date of the
decision issued by the Board of Grievances, or from the expiring of the protection period, or
from the date of banning decision.
Fifth Part
Trademark Ownership Transferring, Mortgaging and Attaching
Twenty-Ninth Article:
It is allowed to have the trademark ownership transferred to others by any ownershiptransferring procedure. It is conditioned that the procedure be written, and not to be with the
aim of misleading the public with regard to the nature or the source of the products and
services; or their characteristics or their performance.
Thirtieth Article:
If the ownership of the commercial shop or the project, which uses the trademark with regard
to distinguishing their projects or their services, has been transferred, without transferring the
ownership of the trademark itself, then it is allowed for whoever the trademark has remained
in his ownership to continue using this trademark for the products or the services for which it
was registered; unless it has been agreed otherwise.
Thirty-First Article:
It is allowed to mortgage the trademark or attaching it along or without the commercial shop
or the project which uses the trademark in distinguishing its products or services.
Thirty- Second Article:
Transferring the trademark ownership, mortgaging it, or attaching it does not have effect on
others only after licensing and recording that in the register provided in the third article of this
Law.
Sixth Part
Trademark Usage Licenses
Thirty- Three Article:
It is allowed for the owner of the trademark to license for any natural or legal person to use it
for all or some of the products or the services for which it was registered. And the owner of the
trademark has the right to license for other persons to use it, as well as being allowed to use it
themselves; unless it has been agreed otherwise. Licensing period is not allowed to be more
than the trademark protection period.
Thirty-Fourth Article:
The licensing contract must be in writing, and the contractors' signature, their fingerprints, or
their stamps must be officially approved. This is in line with what is determined by the
executive regulation.
Thirty-Fifth Article:
The licensing contract shall be recorded in the register provided in the third article of this Law,
and the licensing does not have effect on others only after being recorded in the register and
being licensed in line with the procedures and the terms provided in the executive regulation.
Thirty-Sixth Article:
The person holding the license is not allowed to waive the licensing for others or grant
licensing by subcontract; unless it has been agreed otherwise.
Thirty- Seventh Article:
License –recording is deleted from the register upon the request of the owner of the
trademark, or the person holding the license after submitting what proves the license
expiration or its breach. And the concerned department shall notify the other party with the
request of deleting the licensing; and in that case, he has the right to object to that before the
Board of Grievances within thirty days of the date of notifying him with the deletion request.
Seventh Part
Collective Trademarks
Thirty-Eighth Article:
The Minister of Commerce is allowed to license registering a collective trademark for the
natural or legal persons, in charge of monitoring specific products or services, or examining
them in relation to their source, their composition elements, manufacturing ways, their
performance, their characteristics, or any other trait. And this is in line with the procedures or
the terms determined by the executive regulation.
Thirty- Ninth Article:
The expired collective trademark is not allowed to be registered for the interest of others with
regard to compatible or similar products or services.
Fortieth Article:
The provisions of this Law shall be applied to the collective trademarks in a way that does not
conflict with their special nature.
Eighth Part
Fees
Forty-First Article:
The due fees are determined, in line with the provisions of this Law, as the following:
First: SR(1000) for any procedure of the following:
A. Submitting an application for trademark registration of one group.
B. Submitting an application for collective trademark registration of one group.
C. Requesting a trademark examination for one group.
D. Viewing the register for a trademark of one group.
E. Every copy taken of what is recorded in the register about a trademark of one group.
F. Requesting the approval of transferring ownership or swapping it for a trademark of one
group.
G. Requesting licensing by using a trademark of one group, as well as approving its mortgage
according to the thirty-first, thirty-second, and thirty-three articles of this Law.
H. For each amendment or addition to a trademark of one group according to the eighteenth
article of this Law.
I. Requesting addition or changing any information on a statement not determined a fee for
it about a trademark of one group.
J. Requesting renewing trademark registration of one group within the following six months
of its protection period.
Second: SR (3000) for any procedure of the following:
A. Submitting time protection request for a trademark of one group.
B. Registering a trademark of one group.
C. Registering a collective trademark of one group.
D. Renewing a trademark registration of one group.
E. Renewing a collective trademark registration of one group.
Forty-Second Article:
The requests and the procedures for which fees have been set according to the forty-first
article of this Law shall not be approved and have effect only after paying the specified fees.
Ninth Part:
Crimes and Penalties
Forty- Third Article:
Without prejudice to any severer penalty, it is punished by imprisonment for no more than a
year and with a fine no less than fifty thousand Saudi Riyals, and not more than SR a million,
or by one of these two penalties:
A. Whoever has counterfeited or has imitated a trademark in a way that causes misleading the
public, and whoever, with ill-intention, used a counterfeited or imitated trademark.
B. Whoever, with ill-intention, put on their products, or has used with regard to their services
a trademark owned by others.
C. Whoever has offered, put up for sale, sold, or has possessed with the aim of selling,
products bearing counterfeited or imitated trade mark unrightfully, with his full knowledge,
as well as whoever has offered services with this trademark, being aware of that.
Forty- Fourth Article:
Without prejudice to any severer penalty, it is punished by imprisonment for not more than
three months and with a fine not less than SR twenty thousand, and not more than SR two
hundred and fifty thousand or by one of these two penalties:
A. Whoever has used an unregistered trademark in the cases provided on the B, C, D, and E
items of the second article of this Law
B. Whoever has unrightfully recorded on his trademark or his commercial papers information
leading to the belief that its registration has taken place
Forty- Fifty Article:
The person who repeated the violation is punished by a penalty not more than double of the
maximum for the penalty set for the violation, along with closing down the commercial shop
or the project for a period not less than fifteen days, and not more than six months, as well as
publishing the verdict at the expense of the violator according to the terms and the procedures
which the executive regulation provides.
Forty-Sixth Article:
Whoever has violated the provisions of this law, and has committed another violation during
the three years of the final verdict of the previous violation, will be considered a repeater of the
violations. And the similar violations are the ones provided in the forty-third and the fortyfour articles of this Law.
Forty-Seventh Article:
The public prosecution drops after the lapse of five years of the date of committing the
irregularity without taking any procedure of the investigation or trial proceedings, and
dropping the prosecution does not lead to infringement upon private rights.
Forty-Eighth Article:
It is allowed for whoever has sustained harm as a result of committing one of the irregularities
provided in this Law to claim the person who has committed the irregularities for proper
compensation for what they have sustained of harm.
Forty-Ninth Article:
At any time, even if that was before filing civil or criminal action, the owner of the trademark
is allowed, according to a petition supported by an official certificate proving the registration
of the trademark, take out an order from the Board of Grievances to take the necessary
precautionary measures, and they in particular are:
A. Filing a counting and detailed description report of the instruments and tools which have
been used or could have been used in committing the irregularity, and the local and imported
products or the merchandise or papers on which the trademark, the issue of the irregularity,
may have been put.
B. Attaching the items referred to on "A" item on the condition that attachment be taken place
only after the attachment seeker have submitted collateral initially estimated by the Board of
Grievances to make up for the attached items, if needed. It is allowed, after having attachment
been made, to challenge the sufficiency of the collateral, submitted by the attachment seeker
in line with the procedures and the terms provided in the executive regulation. And it is
allowed that the order issued from the Board of Grievances includes authorizing an expert or
more to cooperate with the body determined by the executive regulation.
Fiftieth Article:
The precautionary measures taken by the owner of the trademark is considered none if it has
not been followed by filing a civil or criminal action against the person, on whom these
measures were taken. This is within ten days of the date of taking the measures provided in
the forty-ninth article of this Law.
Fifty-First Article:
The defendant has the right to take proceedings claiming the ill-intentioned plaintiff the
compensation that he could deserve as a result of taking the measures provided in the fortyninth article of this Law. This is within ninety days of the date of the end of the period
provided in the fiftieth article if the attachment seeker has not filed his case, or if the date of
issuing the final ruling regarding the attachment seeker's case in relation to the trademark. In
any case, it is allowed to disburse the collateral for the attachment seeker only after the
issuance of the final ruling with regard to the judgment debtor's case convicting them, or after
the passage of the date set for it without filing it if the issuing ruling in the attachment seeker's
case has not included settling the issue of collateral.
Fifty- Second Article:
It is allowed for the Board of Grievances with regard to any civil or criminal action to rule
confiscating the attached items or which are attached later to deduct their price from the
compensations, or fines, or using them according to the terms and the procedures provided by
the executive regulation. The Board of Grievances is allowed to order publishing the ruling in
a newspaper or more at the expense of the convicted person. Also, it is allowed to order
damaging the counterfeited, imitated, unrightfully put or used trademark, and to order, if
needed, damaging the items bearing these trademark, even if they were cleared.
Fifty-third Article:
The Board of Grievances is concerned with settling all the civil and criminal cases, and the
disputes resulting from applying this Law, and applying the penalties set for violating its
provisions.
Fifty- Fourth Article:
The Bureau of Investigation and Public Prosecution undertakes representing the public
interest with regard to the criminal action of the violations of the provisions of this Law.
Tenth Part
Closing Provisions
Fifty-Five Article:
The executive regulation includes the procedures related to the temporary protection for any
trademark used for the products and services displayed at the national and international
exhibits which are held in the Kingdom or in any of the states which treat the kingdom
likewise. And these exhibits are determined by the decision of the Minister of Commerce.
Fifty-Sixth Article:
The officers appointed by the Minister of Commerce have the capacity of the judicial officers,
as far as the provisions of this Law are concerned.
Fifty-Seventh Article:
The executive regulation of this Law is issued upon the decision of the Minister of Commerce
within sixty days of the date of its issuance, and it is to be published on the official newspaper.
Fifty-Eighth Article:
This Law is to be published on the official newspaper and take effect after ninety days of the
date of its publication, and the trademark Law issued upon the royal decree No. 5, dated
6/2/1984, is to be rescinded.
The Executive Regulation of the Trademark Law
Trademark Registration Requests
Article 1
The trademark registration request is submitted on the model prepared for that to the
Trademark Office in the Ministry of Commerce by the relevant person if they had a residence
in the kingdom or by an official proxy residing in the Kingdom. The request shall be restricted
to registering the trademark of one group, and the requests are multiplied by the multiplicity
of the groups of the products or the services about which the trademark is required to be
registered, shown in the supplement number "1" enclosed with this regulation; and which is
updated occasionally, by virtue of the ministerial decision prepared by the Trademark Office,
when necessary, according to the International Niece Classification of Goods and Services.
Article 2
The registration request must include the following data:
1. A photo of the trademark required to be registered and it is to be pasted in the space
designated for it on the registration request model.
2. A name of the registration seeker, his family name, his address, and his commercial name, if
any. And if the registration seeker is a legal person, his name, address of his main
headquarters and his nationality shall be mentioned.
3. If the request is submitted by a proxy, his name, his family name, and his address shall be
mentioned.
4. Describing the trademark required to be registered.
5. The products and the services about which the trademark are to be registered and their
category.
6. A signature of the registration seeker or his proxy, and if the request is submitted by a legal
person, the papers shall be signed by the person who has the right to sign on their own behalf.
Article 3
The registration request should contain the following:
1. Ten photos of the trademark compatible to the trademark model of the registration request.
2. If the request is submitted by a proxy, then a copy of the proxy shall be enclosed with the
original for compatibility.
3. A document shows the payment of the request-submitting fees provided in the "41" article
of this Law.
Article 4
If the trademark required to be registered includes a word or more written in a foreign
language, the registration seeker shall provide a certified translation for them to the Arabic
language, along with indicating how it is pronounced.
Article 5
If the registration seeker or others want to enjoy the priority right, based upon a previous
request in a member state of a multilateral international agreement, with the Kingdom one of
its parties, or a state treating the Kingdom likewise, they shall enclose with their request an
acknowledgment on which they show the date of the previous request, its number, and the
state in which it has been submitted. Also, the registration seeker shall submit a copy of the
previous request, accredited by the concerned authorities in the state in which it has been
submitted, and from the official accreditation bodies, with the Saudi foreign ministry
included. This is within six months of the date of the previous registration request for which
they claim the priority right, otherwise his claim right will drop.
Article 6
A special register is prepared in the trademark office, called "Request Submission Register", in
which the registration requests are recorded in serial numbers according to the submission
dates, and the data include:
1. Request number and its date.
2. A photo of the trademark.
3. Name of the registration seeker, his address, and his nationality.
4. Category of the products or the services.
5. Name of the proxy, if any.
Article 7
The Trademark Office examines the registration request and compares the trademark to be
registered to the trademarks previously submitted or registered. It is to decide upon the
request within sixty days of the date of its submission; by passing it if it meets the terms and
the procedures provided in the Law and the executive regulation, or by declining it if it is
proven otherwise. And the Office shall notify the registration seeker in writing with its
decision, and asks him to meet the terms, or introduce the necessary amendments in order to
pass the request.
Article 8
If a decision is issued declining the trademark registration, then the registration seeker shall
have the right to lodge a complaint before the Minister of Commerce within sixty days of the
date of notifying him with it, or of the date of the passage of the deadline provided in the "12:
article of this Law.
Article 9
The person lodging the complaint is notified in writing with the decision of the Minister, and
if a decision is issued declining the complaint, the concerned person shall have the right to
challenge it before the Board of Grievances within thirty days of the date of notifying them
with it.
Article 10
In case a trademark is passed, the Trademark Office is to prepare an advertisement about it
including the following information:
1. Name of the registration seeker, their address, and their nationality.
2. Photo of the trademark and its description.
3. Products and services for which the trademark is registered and its group.
The registration seeker shall receive the advertisement within ninety days of the decision
issuance of passing the registration or the issuance of the minister's decision accepting the
complaint. And the registration seeker shall publish the advertisement in the official
newspaper at their own expense, and notify the Office with an issue of the newspaper in which
the publication has taken place within six months of the date of receiving it; otherwise they
will be regarded as a waiver of their request.
Article 11
The concerned parties have the right to object to passing the trademark registration before the
Board of Grievances within ninety days of the date of publishing the advertisement in the
official newspaper. And the objecting party shall notify the Trademark Office with what shows
that the objection has been lodged, along with submitting a copy of it within the same period.
Then, the Office is obliged not to take any measure in terms of the trademark until the final
ruling is issued by the Board of Grievances with regard to settling the objection.
Article 12
The registration seeker is considered a principal party in the case of the registration passing
objection before the Board of Grievances in his capacity as the sole beneficiary. And before
settling the objection, they shall be faced with it, and verify of their motives about it.
Article 13
The registration seeker shall pay the trademark registration fee as shown in the article "41" of
this Law. This is within ninety days of the issuance of the final decision regarding passing the
trademark registration. And the registration passing decision is rendered final after the
passage of ninety days of publishing the trademark advertisement in the official newspaper
without submitting an objection to its registration, or issuing a final ruling in this respect from
the Board of Grievances, otherwise his request is considered none.
Article 14
A register is prepared in the Trademark Office of the Minister of Commerce, called
"trademark register" in which the following information is recorded:
1. Trademark registration number and its registration date.
2. Name of the trademark holder, his family name, his nationality, and his commercial name if
any; and if the holder was a legal person, his name, his address, and his nationality would be
mentioned.
3. Products and services for which the trademark is registered, and their group.
4. Photo of trademark and its description.
5. Date of the trademark protection beginning and date of its ending.
6. Date of priority, if any.
7. Procedures taken to pass the trademark such as trademark ownership waiving notifications,
its transferring, licensing to use it, renewing registration, or its deleting.
Article 15
The trademark Office is to record the trademark in the trademark register referred to, and its
owner is to be delivered a registration certificate including the following information:
1. Trademark registration number and its registration date.
2. Date of the trademark protection beginning and date of its ending.
3. Date of priority, if any.
4. Name of the trademark owner, his family name, his address, his nationality, and his
commercial name, if any.
5. Photo of the trademark and its description.
6. Products and services for which the trademark is registered, and their group.
The trademark registration takes effect of the date of submitting the registration request,
recorded in the deposit reference register referred to in article "6" of this Law.
Registration Renewal
Article 16
The trademark registration seeking to renew its registration shall submit a request to the
Trademark Office within the last year of its protection term and for next six months, along
with the original of the registration certificate, and what shows the payment of renewal fees,
determined in the article "41" of this Law. And requests submitted past this deadline or
without paying the fees referred to will be turned down.
Article 17
In the form passed registration requests are approved without any new examination, and the
Trademark Office prepares an advertisement about the renewal including the following
information:
1. Description of the Trademark.
2. Number of the trademark registration.
3. Name of the trademark holder, his address, and his nationality.
The owner is to publish the advertisement in the official newspaper at his own expense, and to
notify the Office with an issue of the newspaper in which the publication has taken place to
certify in the register and the certificate original that it has been renewed.
Trademark Ownership Transferring and its Mortgaging
Article 18
It is allowed to take a procedure that transfers ownership, as well as to mortgage it; this is in
line with the legally-determined rules. And these procedures are to be certified in the register
according to the procedures and measures shown in the following articles.
Article 19
Trademark ownership transferring is certified in the register according to a request submitted
to the Trademark Office by the transferee, or by their proxy, along with the registration
certificate original and the documents shown the property transferring; and with this
information included:
a) Trade registration number.
b) Name and the family name of the former trademark holder.
c) Name and family name of the transferee and their commercial name, if any; their
nationality, and their address.
d) Date of ownership transferring and the procedure according to which the property has
been transferred.
e) If the request was submitted by a proxy, his name, his family name, and his address would
be mentioned.
Article 20
The Trademark Office prepares a trademark ownership transferring advertisement, with the
following information included:
a) Description of the Trademark.
b) Number and date of the trademark registration.
c) Name of the former trademark holder.
d) Name of the transferee, his nationality, and his address.
The trademark ownership transferring seeker is to publish the advertisement in the official
newspaper at their own expense, and notify the Office with an issue of the newspaper in which
the advertisement has been published.
Article 21
The Trademark Office will endorse on the register and on the original certificate regarding the
trademark ownership transferring, along with mentioning the name of the new owner, his
address, the ownership transferring reason, and certification date.
Article 22
It is endorsed in the register to the trademark mortgage in line with the same procedures and
measures related to its ownership transferring, and licensing the mortgage includes the same
information provided in the article 19 of this regulation.
Article 23
Mortgage is deleted according to a request submitted to the Trademark Office by the
trademark holder, along with the registration original certificate and the documents showing
that the mortgage has been redeemed.
The person who submitted the request is to publicize the mortgage deletion on the official
newspaper at his own expense, according to the advertisement which the Office prepares in
that regard. And the Office is notified with an issue of the newspaper on which the
advertisement has been published; to certify in the register and the original certificate to the
mortgage deletion.
Registration Abolishing
Article 24
Trademark registration is deleted according to what the "25, 26" articles of this Law provide.
And the Trademark Office endorses in the trademark register for deleting the registration; this
is to be published in the official newspaper, with the advertisement including the following
information:
a) Photo of the trademark.
b) Number of the trademark registration.
c) Name of the trademark holder and his nationality.
d) Cause of deleting the registration.
.
Article 25
The Board of Grievance is concerned with settling all deletion requests, except what the "26"
article of this Law has provided.
Licensing Contracts
Article 26
In case the trademark owner has made licensing for any of the legal or natural persons to use
the trademark for all or some of the products or the services for which it has been registered,
the licensing contract shall be in writing, and the contractors' signature, their fingerprints, or
their stamps should be ratified before the notary-public with regard to the contracts concluded
in the Kingdom, or by the official certification bodies including the Saudi Foreign Ministry,
according to the rules applied in this respect, as far as the contracts concluded outside the
Kingdom are concerned.
Article 27
The Trademark Office endorses in the register and the registration original certificate for
licensing on using it. And licensing contract publicity takes place by virtue of an
advertisement prepared by the Trademark Office including the following information:
a) Photo of the trademark
b) Number and date of the trademark registration.
c) Name of the trademark holder, his address, and his nationality
d) Name of licensee, his address, and his nationality.
The person who has submitted the request is to publish the advertisement on the official
newspaper at his own expense, and is to notify the Office with an issue of the newspaper in
which the advertisement has been published.
Article 28:
Deleting the license registration takes place according to a request submitted to the
Trademark Office from the trademark holder or the licensee, with what proves the licensing
expiring or breaching enclosed.
The Office notifies the other party with the registration deleting request in writing, and in
which case they have the right to object to that before the Board of Grievance within thirty
days of the date of notifying them with the deletion request, with depositing a copy of the
objection and what documents that it has been submitted to the Trademark Office. And the
Office is committed to suspending the deleting until the two parties have reached an
agreement, or a final ruling is issued by the Board of Grievance settling the objection.
Article 29:
In case an objection to deleting the licensing has not been filed, or a final decision in the
objection has not been issued by the Board of Grievance, the Office prepares the
advertisement related to that.
The person who has submitted the deletion request is to publish it on the official newspaper at
his own expense, and notifies the Office with a copy of the newspaper in which the
advertisement has been published; to endorse in the register and the original certificate that
the licensing has been deleted.
Collective Trademarks
Article 30:
Registering the collective trademarks provided in the seventh part of the trademark Law is
concerned with the economic projects which take up a specific kind of products or services,
and share general union or organization, or general institution seeking to realize the joint
interests for these projects without performing themselves the process of production.
Article 31:
The collective trademark registration request is submitted to the Trademark Office on the
form prepared for that with the following enclosed:
1. Ten photos of the trademark compatible with the trademark model on the registration
request.
2. Two original copies of the union or organization system, or the general institution seeking
registration; with the amendments which may have been introduced to it.
3. Two copies of the law which the registration seeker is to follow with regard to monitoring
the products or the services, or examining them, with setting out the terms and restrictions to
be provided, and the way the trademark is used in line with them.
Temporary Protection for the Trademarks Used in Exhibitions
Article 32:
If the trademark holder wanted to place a temporary protection to their trademark of the
products or the services displayed in the national or international exhibits which are held in
the Kingdom or in one of the states which treat the Kingdom likewise, they shall notify the
Trademark Office of the Ministry of Commerce with their desire in displaying before the
opening of the exhibit, with at least a month earlier. The notification is written on the form
prepared for that, supported with four photos for the trademark, and the receipt that proves
the fee provided by virtue of the article "41" of this Law has been paid.
Article 33:
The requests are recorded in a special register including the following information:
1. Date of submitting the request.
2. Name of the exhibitor.
3. Name of the exhibit, date of the official opening.
4. Products or services for which the trademark is to be protected, and their group.
Article 34:
The Office hand over a temporary protection certificate of the trademark, for a six months'
time of the date of opening the exhibit.
Article 35:
It is allowed to hand the temporary protection certificate provided in the previous article only
for the exhibits which are held upon a decision of the Minister of Commerce.
General Provisions
Article 36
The officers appointed upon MCI Minister's decision referred to them in the article "56" of
the Law, combined or individual, are to detect all what occurs in terms of irregularities for the
provisions of the Law and its executive regulation, whether this case taken place as a result of a
complaint filed by some individual, or as a result of making inspection campaigns in the
markets and commercial shops. A report of the incidence, signed by the person who made it,
the owner of the shop, or the person standing in for them when the incidence has occurred, is
made.
Article 37:
It is allowed for the officers referred to in the previous article; in order to perform the tasks
they are in charge of, to do the following:
1. Walking in the commercial shops; to inspect for any irregularities of the provisions of this
Law.
2. Seizing the commodity on which the trademark violating the provisions of this Law is put,
and taking three samples of it to present them if needed; along with sending any of them to
the Bureau of Investigation and Public Prosecution, and retaining the rest of the samples until
the criminal case has finished. An attachment report is issued, signed by the officer, owner of
the shop, or the person standing in for them; the report is to include the place where the
attachment has taken place, whether this was the merchant's warehouse, a corner of their
shop, or a warehouse designated for that purpose. This is to take place after ensuring that the
commodities are not attached by other official body, and taking the proper pledge from the
owner of the shop, stating that. If they have stated that they are attached, they shall present the
documents proving that. In all cases, commodities are seized, and coordination with the body
made the attachment is to take place, with its representative participating.
3. Conducting an immediate investigation with the person committed the irregularity, if
appropriate, after facing them with the irregularity leveled against them. In all cases, it must
be allowed for the person committed the irregularity to submit their pleading in writing, or to
write them down, and enclose that with the detection report; after documenting the name of
the person committed the irregularity, their nationality, their capacity, their address, address
of the commercial shop, and their telephone numbers. It is allowed for the person committed
the irregularity to verify of the identity of the officer who has detected the irregularity.
Article 38
Having the investigation with the person committed the irregularity finished, all the
irregularity papers, along with a sample of the commodity in dispute, are referred to the
Bureau of Investigation and Public Prosecution from the Deputy Minister for the internal
Commerce demanding filing the criminal action before the Board of Grievance according to
the article 54 of this Law.
Article 39
The officers appointed upon a decision by the Minister of Commerce are to have the capacity
of the judicial officers, and they are to carry out what is issued by the Board of Grievance in
terms of the orders and provisions by virtue of the articles "49,52" of the Law. And they, in this
respect, can have recourse on police stations.
Article 40
The Ministry of Commerce is to prepare an advertisement including the content of the ruling
issued with regard to the irregularity according to provision of the article "45" of the Law. It is
to be published at the expense of the person committed the irregularity on catching place of
two widely-circulated daily newspapers; one of them is issued in the region where the
headquarters of the person committed the irregularity is located, if any.
Article 41
In case the attachment takes place according to an order issued according to the provision of
the article "49" of the Law, it is allowed for the judgment debtor to dispute the sufficiency of
the collateral which is presented by the garnishee, by virtue of a request submitted to the
Board of Grievance within ten days of the date of putting the attachment into effect.
Annex No. 1
Groups of the Products and Services
First: Products
Group 1
Chemicals which are used for industry, scientific researches and experiments, photography,
agriculture, horticulture, foresting, untreated synthetic resin, untreated plastic, natural or
artificial fertilizers, fire-extinguishing compounds, metal tempering and welding chemicals,
food items preservation chemicals, tanning chemicals, and pasting chemicals used in industry.
Group 2
Painting, varnish, and lacquer, rust preventing chemicals, wood damage-preserving chemicals,
coloring materials, neutralization chemicals, metals in the form of leaves or powder to be used
by the painters, décor technicians, printing workers, and artists.
Group 3
Cloth-whitening materials and other materials used for washing and pressing clothes,
cleaning, glossing, scouring, and blasting materials, and; bars of soap, perfumes, essential oils,
cosmetics, hair lotions, toothpaste.
Group 4
Artificial oils and fats, lubricants, dust absorbing, moisturizing, and stabilizing compounds,
fuels with the mineral oils of engine-powering included, lighting materials, and candles and
wick lighting.
Group 5
Pharmaceutical and veterinary lotions, health lotions for medical purposes, protective
materials prepared for medical purposes, breast-feeding infants' and children's food, medical
plasters, bandages, tooth-filling materials, dental wax, disinfectants, chemicals for eradicating
insects and harmful animals, fungicides and herbicides, diapers for urinary incontinence
patients, and sanitary towels.
Group 6
Non-precious metals and each mixture of them, metal building materials, metal mobile
buildings, metal materials for railways, non-electrical ropes and wires made from nonprecious metals, smiting manufacturing, small ironmongery, metal pipes and tubes, safes for
keeping money, money, and precious stuff, products made out of non-precious metals not
mentioned in other groups, metal materials, traditional nails, and all what is related to
deadlock manufacturing.
Group 7
Automated machines and tools, engines and machines: except what is used for land vehicles,
automated clutches and movement-transferring elements: except what is used of them for land
vehicles, agricultural equipment: except what is hand-powered; egg incubating devices,
washing machines, generators, mixers, shredders, electrical grinders for domestic use,
cleaning machines, and sewing machines.
Group 8
Manual machines and tools: hand-run, cutting tools: forks, knives, and spoons, penknives,
shaving machines and tools, razors, and non-electrical openers.
Group 9
Scientific, nautical, and surveying devices and instruments, photographic and cinematic
shooting devices and instruments, optical devices and instruments, weight , measurement
devices and instruments, devices and instruments for connecting, opening, transferring,
intensifying, regulating, or controlling the electrical power, voice or photos recording,
sending, copying devices, magnetic data holders, recording discs, automated selling machines,
mechanism for coin-powered machines, currency-counting machines, calculators, computing
devices, fire extinguishing devices, glasses, TV sets.
Group 10
Devices and instruments used in surgery, medicine, dentistry, and veterinary medicine,
artificial extremities, eyes, and teeth, splint tools, wound-stitching materials.
Group 11
Devices for lighting, warming, vapor-generating, cooking, cooling, draining, ventilating,
water-generating; and devices for sanitary purposes and installations.
Group 12
Vehicles and land, air, and sea means of transportation
Group 13
Guns, ammunition, missiles, explosives, and fireworks
Group 14
Precious metals and each mixture of them, metals made out of precious metals or inlaid with
them, non-mentioned in other groups, precious jewelry and stones, watches and other timemeasuring devices.
Group 15
Musical instruments
Group 16
Paper, pasteboard, products made out of these materials and not mentioned on other groups,
printed materials, book-binding materials, photographs, stationery, paste materials used for
stationery or for domestic purposes, artists' materials, painting or coloring brushes, typing
machines, office accessories: except furniture, instruction and teaching materials: except
devices, plastic-packaging materials: not mentioned in other groups, printing letters, cards,
diapers made out of paper and cellulose, and garbage bags.
Group 17
Rubber, gutta-percha, glue, asbestos, mica, and the products made out these materials; and
not mentioned in other groups, extrusion-formed plastic materials used for manufacturing,
packaging, filling, isolating materials, non-metal elastic pipes and tubes.
Group 18
Tanned leathers, imitating tanned leathers, and the products made out of these materials and
not mentioned in other groups, crude or tanned animal leathers, travel trunks and bags,
umbrellas, sticks, whips, animal accessories, and saddles.
Group 19
Non-metal building materials, non-metal big tubes for buildings, non-metal mobile buildings,
non-metal monument (three-dimensional), natural and artificial stones, cement, lime, and
gypsum; and pipes made out of tar and cement.
Group 20
Furniture, mirrors, frames, the products made out of wood, cork, Al-ghab, bamboo, willow,
horns, bones, ivory, whalebone, seashells, amber, oysters, sepiolite, and the alternative
materials for all these materials or from the plastic materials.
Group 21
Utensils, pans, and tools for domestic use and kitchen: not made out of precious metals or
inlaid with them, combs, sponge, brushes: except coloring or painting brushes, brushmanufacturing materials, cleaning materials, non-wrought glass, semi-wrought glass: except
the glass used for buildings, glassware, crockery, and ceramic pots: not mentioned in other
groups.
Group 22
Ropes, threads, nets, tents, parachutes, linoleum, sails, and bags: not the ones mentioned in
other groups, lining and stuffing materials: except what is made out of rubber or plastic, and
weaving materials made out of crude fibers.
Group 23
Spinning and threads used in weaving
Group 24
Textiles, weaving products: not the ones mentioned in other groups, bed and table sheets,
cloth, blankets, and furnishings.
Group 25
Garments with shoes and head covers included
Group 26
Lace, embroidered items, ribbons, strands, buttons, hooks "corkscrews", buttonholes, pins,
needles, artificial flowers
Group 27
Carpets, rugs, mats, linoleum for floor furnishings: and other materials for covering floors,
and all what is hung over walls to decorate them: made out of non-weaving materials.
Group 28
Playing, playing tools, exercise equipment "gymnastics", and sports tools: in the ones
mentioned in other groups.
Group 29
Meat, fish, poultry and hunting meat, preservative, dried, and cooked fruits and vegetables,
jelly, jam, marmalade, eggs, milk, dairy products, oils, fat-prepared fats, preservative food, and
pickles.
Group 30
Coffee beans, tea, cocoa, rice, tapioca, sago, artificial coffee, food made out of grains, bread,
biscuits, pancakes, sweets, and iced sweets; flour, honey bee, molasses, yeast, salt, mustard,
vinegar, seasonings, spices, sauce, macaroni, and ice
Group 31
Agricultural crops, horticulture, forest, grain: on the ones mentioned in other groups, living
animals, fresh fruits and vegetables, seeds, plants, natural flowers, animal food, barley, and
wheat.
Group 32
Mineral waters, fizzy beverages, and other non-alcoholic beverages; beverages extracted from
fruits, fruit juices, and other ingredients for making drinks and beer "barley beverage".
Group 33
Deleted
Group 34
Crude and manufactured tobacco, smoker-used tools, and matches
Second: Services
Group 35
Publicity and advertising services; and business-managing and directing and activating office
activity services
Group 36
Insurance and funding, financial; and real estate affairs services
Group 37
Building-establishment, road, bridge, dam; and painting, plumbing, repair, and maintenance
services; installation and
assembly services, and building tools and materials hiring services
Group 38
Communication services; and radio and television program airing services
Group 39
Freight, package, and storage; and journey and travel organizing services
Group 40
Material treatments services; and garment sewing and tailoring services
Group 41
Education, discipline, and training services; and recreation, sports activity, and culture
services
Group 42
Scientific and technological services, research services and the designs related to them,
analysis and artificial research services, designing and developing computing devices and
programs services; legal services
Group 43
Food and beverage catering services; and temporary boarding services
Group 44
Medical services, veterinary services, health and beauty care services, agriculture, horticulture,
and forest services, and hairdressing salon services
Group 45
Personal and social services provided by others to meet the individuals' needs; and security
services for protecting properties and individuals
Download