The Saudi Courts have reaffirmed the protection of well-known trademarks, even when such marks are not locally registered.
In a recent opposition case that reached the Court of Appeals, the opposing party successfully argued that the contested mark:
- Bore a high degree of visual and phonetic similarity to their long-standing mark;
- Created a likelihood of consumer confusion due to overlapping market segments; and
- Infringed upon the superior rights of the earlier mark, which enjoys recognition and registration outside Saudi Arabia.
The Court relied on the principles enshrined in Articles 3(13) and 4 of the GCC Trademark Law, as well as Article 6bis of the Paris Convention, which together safeguard well-known trademarks against imitation, regardless of local registration.
Both the Court of First Instance and the Court of Appeals agreed with these arguments, confirming that international reputation and public recognition are sufficient grounds to prevent misuse or imitation. The Court ruled that the opposed mark was confusingly similar to a well-known trademark and ordered its cancellation ex tunc (from the outset).
This decision underscores Saudi Arabia’s growing commitment to strengthening intellectual property protection and aligning judicial practice with international standards. It reinforces confidence among brand owners that well-known trademarks benefit from robust judicial protection, even in cases involving stylized or unregistered versions.
