SCA 4530198030/2024

This case involved the similarities of a trademark which contained the same word as a pre-existing one. The logo, colour, textual and graphic elements were taken into account, as well as whether the word was generic.

Background

A dispute arose between a commercial company, operating under a name for specific coffee and the Saudi Authority for Intellectual Property. The core of the case revolved around the rejection of the company's objection to the registration of a trademark application filed under number 335793 in class 30. The company claimed that it had prior registered and used trademarks, one under number 142602747 in class 43 and another under number 1443021986, both of which contained the same word. The company argued that the contested trademark was almost identical in its essential element, with this specific word and that this similarity would mislead the public into believing that the goods and services covered by the contested mark were related to or originated from the coffee brand.