Article 36 of the Saudi Trademarks Law

المادة 36 من نظام العلامات التجارية · الباب الرابع: العلامات الجماعية وعلامات المراقبة وعلامات الهيئات ذات النفع العام والمؤسسات المهنية

The Article allows registering marks for non-commercial purposes, such as the emblems of public-benefit bodies or the insignia of professional institutions and their correspondence.

Official text (Arabic)

This article has not been amended since the law was issued.

يجوز تسجيل علامة لغايات غير تجارية، كالشعارات التي تتخذها الهيئات ذات النفع العام أو التي تستعملها المؤسسات المهنية لتمييز مراسلاتها أو لتكون بمثابة شارات لأعضائها.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 36 explained in plain English

The default is that a trademark is used to distinguish goods or services in the market, but this Article extends registration to marks not used for commercial purposes.

The Article gives examples:

Emblems of public-benefit bodies that they adopt for themselves.
Emblems of professional institutions that they use to distinguish their correspondence.
Insignia that these institutions adopt for their members.

The word "such as" indicates that these are examples and not exhaustive, so other marks may be registered for similar non-commercial purposes.

The practical benefit is that these bodies can protect their emblems by registration, as Article 37 provides that registering any of the marks provided for in Articles 34, 35 and 36 has all the effects set out in the Law, and refers to the Implementing Regulations the specification of the conditions for registering them and the documents required. This Article itself therefore does not state the registration procedures.

This Article comes within the chapter that governs collective marks (Article 34), control marks (Article 35) and the marks of public-benefit bodies and professional institutions. A body that wants to register its emblem can consult a lawyer who specializes in trademarks and commercial cases.

Practical example

A professional association of engineers in Riyadh uses an emblem on its letters and insignia that it gives its members. The association may register this emblem as a mark for a non-commercial purpose, and registering it has the effects set by the Law, as Article 37 explains.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

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