The Board of Directors of the Saudi Authority for Intellectual Property,
based on the powers entrusted to them by law,
based on article 5 of the System of the Saudi Authority for Intellectual Property approved by Council of Ministers Decision 496 of 14 Ramadan 1439 [30 May 2018], as amended by Council of Ministers Decision 621 of 20 Shawwal 1442 [1 June 2021],
after perusal of article 2 of the Law of Trademarks issued by Royal Decree D/21 dated 28 Jumada Al-Awwal 1423 [7 August 2002],
after perusal of article 3 of the Trademarks Law of the Gulf Cooperation Council States approved by Royal Decree D/51 dated 26 Rajab 1435 [26 May 2014], and its amendments,
after perusal of the Board of Directors Executive Committee Recommendation 05/02/2024 dated 5 Dhu Al-Qa’dah 1445 [13 May 2024],
and after perusal of the relevant orders and decisions,
and in pursuance of public interest,
hereby decides
First
The application for registering the trademark that includes the name of Makkah Al-Mukarramah or the name of Al-Madinah Al-Munawwarah, the Two Holy Mosques, the Two Mosques, the Holy Mosque, or the like, whether in Arabic or any other language, are subject to the following controls:
1. That the trademark is associated with a large, qualitative, and distinctive real estate or service project in the two areas.
2. That the name referred to in First is one of the components of the trademark and not the essential element in it.
3. That the use of the name referred to in First in the trademark does not cause confusion with regard to the source or origin of the goods or services.
Second
These controls apply to applications for the transfer of ownership of the trademark—registered in accordance with these controls—or any other legal acts.
Third
The owner of the trademark registered on the basis of these controls shall, when using it, refrain from harming or distorting the image or reputation of the geographical area whose name is used in the trademark.
Fourth
The registration of the trademark on the basis of these controls does not grant an exclusive right to the owner of the trademark in the name used in it, and does not entitle him to prevent others from using this name.
Fifth
The certification mark or collective mark whose registration is requested may be registered as a geographical indication.
Sixth
These controls apply to applications for the registration of trademarks that have not been decided upon before the issuance of the controls.
Seventh
The chief executive officer of the authority shall issue the necessary decisions to implement these controls.
Eighth
These controls must be published in the official gazette, and come into force from the date of their publication.
May Allah provide success.
Advisor in the Royal Court
Chairman of the Board of Directors
Al-Shihana bint Saleh Al-Azzaz
Issued on: 29 Dhu Al-Qa’dah 1445
Corresponding to: 6 June 2024
Published in Umm Al-Qura 5038 issued on 13 July 2024.