• In the application of the provisions of this law (system), each of the following terms shall have the meaning specified next to it unless the context of the text indicates otherwise:

  • GCC countries: The Gulf Cooperation Council countries.

  • Competent Authority: The ministry responsible for trade affairs in each of the GCC countries, which is responsible for implementing this law (system).

  • Minister: The minister concerned with the application of the provisions of this law (system).

  • Implementing Regulation: The regulation issued by the Commercial Cooperation Committee in implementation of this law (system).

  • Register: The register of trademarks.

A trademark is any distinctive name, word, signature, letter, symbol, numeral, address, seal, drawing, image, inscription, packaging, figurative element, shape, color, set of colors or any combination thereof, or any sign or group of signs used or intended to be used for distinguishing goods or services of one establishment from those of other establishments, indicating the provision of a service or monitoring or inspection of goods or services.
Marks relating to sounds or scents may be deemed trademarks.

None of the following may be deemed a trademark or part thereof, nor may be registered as such:
1. Marks without distinctive features or those consisting of details which are merely the name normally assigned to the relevant goods or services, or common drawings and ordinary images of goods.
2. Expressions, drawings or marks undermining public decency or public policy.
3. Public emblems, flags, military and honorary insignia, national and foreign decorations, coins and banknotes and other symbols associated with any GCC or non-GCC state, Arab or international organizations or agencies thereof, or any imitation of the same.
4. Symbols of the Red Crescent, Red Cross or other similar symbols as well as imitations of the same.
5. Marks which are identical or similar to symbols of pure religious nature.
6. Geographical names and indications; if using the same would cause confusion in terms of the source or origin of goods or services.
7. Name, surname, photograph or emblem of a third party, without the prior consent of said third party or his heirs.
8. Data relating to honorary or academic degrees where the applicant fails to establish legal entitlement thereto.
9. Marks which would mislead the public or those providing false information relating the origin or source of goods or services or other characteristics thereof, as well as marks containing fictitious, imitated or forged trade names.
10.Marks owned by natural or corporate persons with whom dealing is prohibited pursuant to a decision issued by the competent authority.
11.Any trademark identical or similar to a mark previously filed or registered by a third party for the same or relevant goods or services, if using such mark would create the impression of association between it and the goods and services of the owner of the previously registered mark or adversely affect his interests.
12.Marks the registration of which for certain goods or services may undermine the value of goods or services distinguished by the previous mark. 13.Marks representing copies, imitations or translations of a famous trademark, or part thereof, owned by a third party, to be used in distinguishing goods or services identical or similar to those distinguished by said famous mark.
14.Marks representing copies, imitations or translations of a famous trademark, or a material part thereof, owned by a third party, to be used in distinguishing goods or services non-identical or dissimilar to those distinguished by said famous mark, if such use would indicate an association between said goods or services and the famous mark and is likely to adversely affect the interests of the owner of said famous mark.
15.Marks containing the following words or phrases: Franchise or “franchisee”, registered or “registered mark”, copyright or similar words and phrases.

1. A famous trademark with reputation beyond its registration country may not be registered for identical or similar goods or services unless so requested or explicitly approved by the owner of said mark.
2. In order to determine whether a mark is famous, consideration shall be given to the degree to which it is recognized by the relevant public as a result of promotion or period of registration or use thereof; number of countries where it is registered or famous; or value and impact of such mark on promoting the goods or services distinguished by it.
3. A famous mark may not be registered to distinguish goods or services not identical or similar to those distinguished thereby if the use of such mark:
a) implies a connection between the goods or services to be distinguished thereby and the goods or services of the owner of the famous mark; or
b) may adversely affect the interests of the owner of the famous mark.

The following categories may register their own trademarks:
1. Any natural or corporate person who is a national of a GCC member state, including manufacturers, producers, merchants, artisans and service providers.
2. Foreign residents of any GCC member state who are licensed to engage in commercial, industrial, artisanal or service providing activities.
3. Foreign nationals or residents in states which are members to a multilateral international agreement to which the GCC member state is a party.
4. Public agencies.

1. A register called the Trademark Register shall be maintained by the competent authority to record all marks and names and addresses of owners thereof, description of their goods or services, alienation, assignment, licensing, pledging, renewal, deletion or any other amendments. Any interested party shall have access to the register and may obtain certified copies from it.
2. The trademark register in use at the time this Law enters into force shall be merged with and deemed an integral part of the register provided for in the previous paragraph.

1. Any person registering a trademark in good faith shall be deemed the owner of said trademark. Ownership of said trademark may not be challenged if it has been used for at least five years without being legally disputed.
2. Any person who had used a mark before its registered owner may apply to the competent court to revoke the registration within five years from the date of registration, unless his explicit or implicit consent that the mark be used by the registered owner is established.