Trademark deletion due to similarity with a registered Trademark
The trademark is a visible sign that is used to distinguish commodities, or services of a certain facility from the commodities, or services of other facilities including all that takes a distinctive shape such as names, words, symbols, or inscriptions etc in accordance with the rules and regulations applicable to trademarks .
The trademark plays an important role in distinguishing between commodities , whereas the trademark forms the identity of commodities , or services that the trademark carries , because without the presence of a distinctive trademark for each commodity , service that differentiate it from other commodities , or services the consumer cannot select or differentiate between them , therefore, traders are always careful when selecting a trademark for their products to be distinguished and not similar to trademarks of other companies , thus the merchant can develop , and improve his products in accordance with the requirements of the market , and in the amount that meets the requirements of the consumers for those products.
Upon registering the trademark, the merchant shall have the right to request for deleting any trademark that is similar with any trademark that have been registered subsequent to a date for registering his trademark , thus his products are protected from illegal competition , where the trademarks law of the GCC countries in the article 22 stipulated that “ The competent authority and every person concerned has the right to resort to the competent court to request for deleting the trademark that have been registered in an illegal manner , and the competent authority shall delete the registration whenever a final judgment had been submitted to the said competent authority.
As regards the regulations of assessing the similarities between the trademarks , it was stated in the Judgment issued by the Board of Grievances in the Audit Judgment number 109 for the year 1427H session 27/2/1437H is that is the lesion in assessing the similarity , or non-similarity is to look at the aspects of the agreement between the two trademarks without looking between the aspects of difference whereas the similarity that is relied on is the similarity in the main elements of the trademark , but as regards the secondary parts the difference in them does not negate the existence of similarity and the duty is to look at the trademark in its entirety and not to its parts taking into consideration that the average consumer does not look at the two trademarks at the same time , therefore he takes into account his ability to distinguish between the two trademarks.
The meaning of agreement in the main element is that the normal consumer is not able to differentiate between the two drawings existing in the two trademarks , if the main element in the two elements is completely compatible to the extent that it will confuse the normal consumer and makes him unable to differentiate between the two trademarks then the registration of the trademarks will be contrary to the law and its effect is the deletion of the trademark due to its similarity with a registered trademark.
What do you do if you are using a trademark for your products for years which make it gain a wide range of fame in the markets and the emergence of a new trademark similar to your trademark?
You can depend upon us in this matter where we provide for you a legal consultation given by a group of lawyers pioneering and certified in the following issues :-
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consulting a lawyer specialized in trademarks in Riyadh
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Trademarks lawsuits in the Kingdom of Saudi Arabia
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Procedures for registering trademarks in the Kingdom of Saudi Arabia
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Protection of trademarks in the Kingdom of Saudi Arabia
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Deletion of the registered trademark violating the procedures of registration
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Deletion of the registered trademark due to non renewal
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Deletion of the registered trademark upon the request of its owner
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Deletion of the trademark due to violating the condition of its legality
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Deleting the registered trademark due to non use
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Deletion of the registered trademark due to violation of the condition of the differentiating character.
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Procedures of deletion of the trademark due to reasons related to its owner.
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