Article 39 of the Saudi Trademarks Law

This Article specifies cases to which the provisions of Article 38 do not apply. Article 38 is the one that allows a mark owner to request suspension of customs release of goods that are counterfeit or forged or bear a mark similar to his registered mark, allows the authority competent for customs release to suspend them on its own, and governs their destruction.

The two excluded cases are:

1. Small non-commercial quantities: Small quantities of goods that are not for trade, if they arrive within travelers' personal luggage or are sent in small parcels. Both descriptions must be met together: the quantity must be small, and it must be non-commercial in nature.
2. Goods put on the market with the right holder's consent: Goods previously put into circulation in the markets of the exporting country by the right holder in the mark himself or with his consent. These are genuine goods that entered the market with the mark owner's approval, so they are not treated as counterfeit goods in the procedures of Article 38.

This means that the mark owner cannot rely on Article 38 to request suspension of customs release in these two cases, and the authority competent for customs release does not apply that Article's procedures to them. This Article does not address whether other provisions of the Law may apply to these goods; it is limited to excluding them from the provisions of Article 38.

To assess whether a particular shipment falls within one of the two exclusions, you can consult a lawyer who specializes in trademarks and commercial cases.