Article 7 of the Saudi Trade Names Law

This article sets out the names that may not be reserved or entered as trade names. The rule is that a name is refused if it is:

• contrary to public order or public morals,
• misleading,
• prohibited from use under the relevant legal provisions.

This specifically includes the following cases:

1. Similarity to a reserved or entered trade name in the Commercial Register whatever the type of activity; it is not enough that your activity differs from that of the owner of the name. The Implementing Regulations set the criteria for similarity and the points of distinction.
2. Similarity to a world-famous trade name or trademark, or to a trademark registered or well known in the Kingdom, unless the trademark is owned by the applicant.
3. Containing a political, military or religious meaning, connotation or content.
4. Similarity to a name, honorary insignia or special symbol of any local, regional or international organization or one of its institutions.

The Ministry prepares a list of the most prominent prohibited names and updates it periodically; describing it as a list of the most prominent means that it does not cover every case.

This article complements Article 6, which prohibits others from using a reserved or entered name; preventing the reservation of a similar name protects the owner of the name from the outset. Article 8 follows, requiring the merchant to display his trade name after it is entered.

If your name is refused because of similarity, or you own a trademark and want to adopt it as a trade name, consult a lawyer specializing in commercial cases.