1446 Law of Tradenames and its Executive Regulation

Review of the Preamble

Chapter 1: General Provisions

Article 1: Definitions

In this Law, the following words and phrases shall have the meanings assigned thereto:

Law: Law of Tradenames.

Regulations: Implementing Regulations of the Law.

Ministry: Ministry of Commerce.

Minister: Minister of Commerce.

Tradename: The name used by a merchant in conducting his business activities

to distinguish him from other merchants.

Merchant: A natural or legal person that is deemed a merchant under the

Commercial Law.

Commercial Register: A registry that contains the data of merchants in a central

electronic database.

Registrar: The government entity designated by the Minister to administer the

Commercial Register.

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Article 2: Objectives

This Law aims to promote trust in the business environment by regulating the

procedures for reserving tradenames and registering them in the Commercial

Register, optimizing their value, and ensuring the protection of such names and

the rights associated therewith.

Chapter 2: Reservation and Registration of Tradename

Article 3: Adoption and Registration of Tradename

1. Each merchant shall adopt a tradename and register it in the Commercial

Register.

2. A tradename may be reserved with the registrar for a temporary period without registering it in the Commercial Register. The Regulations shall specify the period and controls of such reservation.

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Article 4: Creation of Tradename

1. A tradename may be derived from the merchant's personal name, be a

distinctive name, or be a combination of both. It may consist of Arabic or

Arabized words, Arabic letters or numbers, or a combination thereof.

2. A tradename may consist of words, letters, or numbers, or a combination

thereof, in a language other than Arabic.

3. The Regulations shall specify the provisions relating to this Article, including the use of a language other than Arabic in creating a tradename, the manner of

displaying the tradename in the Commercial Register, and the provisions for

reserving and registering as tradenames the word “Saudi”; the names of cities,

regions, and public places; and family names.

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Article 5: Application for Reservation or Registration of Tradename

1. An application for reservation or registration of a tradename, including the data specified by the Regulations, shall be submitted to the registrar.

2. The registrar shall decide on a completed application within 10 days from the

date of submission thereof. Said period may be extended in cases to be specified

by the Regulations.

3. The registrar shall publish the tradename the reservation or registration of

which is accepted, in the manner specified by the Regulations. The applicant shall bear the costs of such publication, if any.

4. If more than one application for reserving or registering the same tradename

is filed, priority shall be given to the application filed earlier.

5. If an application is rejected, the rejection decision shall be reasoned, and the

applicant shall be notified of such decision in accordance with the Regulations. The

applicant shall have the right to appeal the rejection decision before the Ministry

within 60 days from the date of notification thereof.

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Article 6: Protection of Tradename

1. No person may use the tradename a merchant has reserved or registered in

accordance with the provisions of this Law, subject to the provisions of other

relevant laws.

2. A merchant whose tradename is registered in the Commercial Register shall

have the right to claim compensation before the competent court for the damage caused by any person who uses his tradename.

Article 7: Prohibited Tradenames

1. It shall be prohibited to reserve or register a tradename that is contrary to

public policy or public decency, is deemed misleading, or is prohibited to be used

under relevant legal provisions. This shall include cases where the tradename:

a) is similar to a tradename reserved or registered in the Commercial Register,

regardless of the type of business. The Regulations shall specify the criteria for

determining similarity of tradenames and for determining distinguishing

features;

b) is similar to a world-famous tradename or trademark, or a trademark

registered or famous in the Kingdom, unless the trademark is owned by the

applicant;

c) implies a political, military, or religious meaning, connotation, or statement; or

d) is similar to an honorary name or badge, or to a symbol specific to any local,

regional, or international organization or any of its affiliates.

2. The Ministry shall prepare a list of prominent names the reservation or

registration of which as tradenames is prohibited in accordance with paragraph (1) of this Article; such list shall be updated regularly.

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