ANALYZE OF THE TRADEMARK’S CANCELLATION IN LIGHT OF THE NEW GCC TRADEMARK LAW

Back to Page Authors: Christiane Bou Khater

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Keywords: GCC Trademark Law, trademark cancellation, trademark enforcement, judicial decisions

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Abstract: The Kingdom of Saudi Arabia announced and adapted in 2016 Saudi Arabia’s vision for the future; the vision 2030. The objective of the Vision announced is to bring focus on the kingdom’s role in international trade especially through its geographic position between key global waterways. Making the kingdom “an epicenter of trade and the gateway to the world”. To assure this role, the protection of intellectual property rights and mainly the enforcement of the trademark’s protection is a must to attract the investors. In fact, the new GCC trademark law encompassed the newest amendments amongst intellectual property laws in the Kingdom of Saudi Arabia. This trademark law has consecrated chapter three for the process and conditions relative to the cancellation of an illegal trademarks’ registration. We shall analyze the cancellation of such trademark constitutes a pillar in the protection and enforcement of the trademark’s protection in the kingdom of Saudi Arabia. This cancellation process is very well reflected in the newest decisions rendered by the Board of Grievances. We shall analyze this procedure comparing the new and the old trademark laws and their impact on the decisions. The protection of the trademark in the Kingdom of Saudi Arabia has many challenges relevant to the judicial enforcement, this is why we shall analyze and compare via a comparative and mixed method of research how this protection is recognized and applicable in the Saudi Courts. This analysis will be exposed through the general and specific conditions of cancellation as stipulated by the law, interpreted by the courts and enforced by the trademark registration office.

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