The following marks, including signs, logos, and flags, shall not be considered or registered as trademarks:

• a) Signs devoid of any distinctive features which are considered descriptions of the characteristics of products and services or which are common names customarily given to products or services.

• b) Any expression, sign, or drawing which violates religion, or which is identical or similar to a symbol of a religious nature.

• c) Any expression, sign, or drawing inconsistent with public policy or public morality.

• d) Public logos and flags and other signs, names, or designations relating to the Kingdom, or to a country with which the Kingdom has reciprocal treatment or a country which is party to a multilateral international treaty to which the Kingdom is also party, or to an international or governmental organization; as well as any imitation of such logos, flags, symbols, names, or designations, unless permitted by the owner thereof.

• e) Official signs and hallmarks of the Kingdom and the countries and organizations referred to in paragraph (d) if such signs and hallmarks indicate their supervision over or guarantee of the products or services, unless permitted by the owner thereof.

• f) Such provision shall not apply unless the trademark is intended to be placed on the products or services or on similar products or services.

• g) Geographical names if their use is liable to create confusion as to the source of the products or services or their origin, or liable to monopolize the data of the source or the name of the origin without rightful justification.

• h) The images of others or their personal or trade names, unless they or their heirs agree to such use.

• i) Data relating to honorary degrees.

• j) Data that is liable to mislead the public or contains false data as to the source of the products or services or other descriptions of the products or services as well as trademarks that contain a fictitious, imitated, or forged trade name.

• k) Trademarks that are identical or similar to famous trademarks in the Kingdom even if they are not registered in the Kingdom in connection with identical or similar goods or services as well as trademarks that are identical or similar to famous trademarks in the Kingdom and registered in the Kingdom in connection with goods or services that are not identical or similar, provided that the owner of the famous trademark is harmed by such use.

• l) Trademarks owned by natural or legal persons the dealing with whom is prohibited pursuant to a decision issued by the competent authority.

• m) Signs identical or similar to trademarks already filed or registered by others in connection with identical or similar products or services as well as signs, if registered to certain products or services, which would reduce the value of products or services of others.

A register named “Trademarks Register” shall be established at the competent department of the Ministry of Commerce. Such register shall record all registered trademarks and notices of assignment or transfer of ownership related to said trademarks; mortgage or attachment thereof; license for use; their renewal or cancellation; and all information provided for in the Implementing Regulations.

The following categories shall have the right to register trademarks.

• 1. Natural or legal persons of Saudi nationality.

• 2. Persons who reside in the Kingdom on a regular basis and are permitted to engage in a commercial or vocational activity.

• 3. Nationals of countries with which the Kingdom has reciprocal treatment.

• 4. Nationals of a country which is party to a multilateral international treaty to which the Kingdom is also party or persons who reside in such country.

• 5. Public entities.

A registration application for a trademark which satisfies the conditions stipulated in Article 1 of this Law may be filed with the competent department at the Ministry of Commerce by the concerned party if he is domiciled in the Kingdom or by a domestic representative in accordance with the conditions and procedures specified in the Implementing Regulations.

An application to register a trademark for one or more categories of products or services may be filed, provided that a single application is filed for each category in accordance with the conditions and procedures stipulated in the Implementing Regulations.

A single application may be filed to register a group of trademarks the essential elements of which are identical and which differ only in ways that do not substantially affect their inherent distinctiveness such as their color or the data of the products or services related thereto, provided that such products or services belong to the same class.

If two or more persons simultaneously apply to register the same trademark or similar trademarks that may cause confusion for the same class of products or services and the applications have the same deposit date or the same priority date, the registration application shall be suspended until one of the applicants presents a legally endorsed written waiver from the other applicants or until a final judgment is rendered by the Board of Grievances in favor of one of the applicants.