Filing a Divisional Application in Saudi Arabia

In Saudi Arabia, divisional practice is fairly flexible. Specifically, one or more divisional applications can be filed: (1) in response to a lack of unity rejection; and/or (2) at any time for any reason (e.g., voluntary divisionals are permitted).

Counterfeit hotspots in Tanzania that brand owners must be aware of

The primary anti-counterfeiting legislation in Tanzania is set out in the Merchandise Marks Act (Cap 85), containing criminal sanctions for trademark infringement. Under this legislation, a person commits an offense if, in the course of trade or business, they apply a false trade description to goods, or supply or offer to supply any goods bearing such a false description. Although typical trade descriptions cases cover misperceptions as to quality, the application of a trademark to goods may be a false trade description as well.

MENA: Establishing Bona Fide Use

This article focuses on the bona fide use requirement in the Middle East region, and how the practice differs from that of the US, beginning first with an overview of the statutory provisions on use in the local trademark laws – with an examination of the various procedural contexts in which this issue may arise. The article will then move to address the different documentary evidence that may be taken into consideration when challenging an applicant’s use in administrative or court proceedings.

Playing the Fame Card in the MENA

The most valuable and famous trademarks span both the globe and a wide range of industries. The cream of the crop includes GOOGLE, MICROSOFT, COLGATE, NESTLÉ, MCDONALD’S, WALMART, IBM, VODAFONE, GE, APPLE, PEPSI and AT&T. These marks are extremely valuable assets that companies will go to great lengths to protect. Brands tend to be valued based on their earnings over the past years and their relevance within their particular industries, in addition to their presence in various markets. Standards of fame vary and are not always clearly defined in national laws and regulations. Therefore, the question of how to determine fame and to what extent famous marks can be protected is a local one. Generally speaking, enforceability of famous marks is determined by the extent to which all trademarks are protected. Penalties for infringement are seldom specific to the infringement of famous marks but rather are common to all cases of infringement. Penalties vary from country to country and may include fines, imprisonment and the confiscation and destruction of goods.

Industry Focus: The Sweet Smell of Success for Confectionery Trademarks in the Middle East and North Africa

The Middle East and North Africa is a lucrative but competitive market for confectioners, with cases fought over the tiniest elements of packaging. Global brands should familiarize themselves with the similarities – and differences – between local regimes before diving in.