Date of Award
11-2021
Document Type
Dissertation
Degree Name
Doctor of Juridical Science (SJD)
Abstract
The purpose of trademarks is to protect consumers from confusion between products and to support fair competition in the market. However, in Saudi Arabia, to determine the similarities between trademarks, the Trademark Registration Office relies on the class number, rather than the goods and services category. This is a prevailing issue in the Kingdom’s practice of trademark examination. Therefore, this dissertation investigates how improper understanding and application of Nice Classification by the Gulf Cooperation Council (GCC) Trademark Law and the Registration Office at the Saudi Authority for Intellectual Property generate overlapping between goods and services. This study ascertains that there are substantial contradictions in the provisions of the GCC Trademark Law that contribute to the issue of overlapping between products. In addition, this study finds that the procedures the Trademark Registration Office uses to examine trademark applications are inadequate. Lastly, it reveals that the Board of Grievances lacks sufficiently developed legal trademark principles to overturn the registration of similar goods and services trademarks that are directly or indirectly related.
This author proposes amending the relevant articles in the GCC Trademark Law to state specifically that the relationship between goods and services to be considered imperative, regardless of the class. The Saudi Authority for Intellectual Property should also recruit a Trademark Registration Office staff charged with the authority to apply procedures to prevent the practice of trademark dependence on class, rather than on the goods and services. A specialized court should be founded to concentrate on trademarks and intellectual property, in general. Finally, the court of law’s cooperation with trademark experts is essential.
Recommended Citation
Aleiban, Abdulaziz Mohammad, "The Regulatory and Procedural Examination of Trademarks in Saudi Arabia: Deficiencies in the Similarities Factor and the Registration Requirements" (2021). Maurer Theses and Dissertations. 101.
https://www.repository.law.indiana.edu/etd/101