Article 4 of the Saudi Trademarks Law

This Article protects well-known trademarks, those whose fame has gone beyond the country where they were registered to other countries.

First: identical or similar goods and services. A well-known mark may not be registered for them unless the application is submitted by the owner of the well-known mark himself or the registration is made with his express consent.

Second: criteria of fame. To determine whether a mark is well known, regard is had to how well it is known among the relevant public as a result of:

• Its promotion.
• The length of time it has been registered or used.
• The number of countries where it was registered or became famous.
• Its value and its influence in promoting the goods or services it distinguishes.

Third: non-similar goods and services. A well-known mark may likewise not be registered to distinguish goods or services that are not identical or similar to those it distinguishes, in the two cases mentioned in item 3: (a) if its use would indicate a connection between these goods or services and the goods or services of the owner of the well-known mark, (b) if its use would be likely to harm his interests. The item does not state a conjunction between the two cases, whereas item 14 of Article 3 requires both together.

These provisions are consistent with items 13 and 14 of Article 3, which bar registering copies, imitations or translations of a well-known mark. Anyone thinking of using a name close to a globally known brand, or the owner of a well-known mark who sees someone registering it without permission, is advised to consult a lawyer who specializes in commercial cases.