Sound Marks – NJQ & Associates

SAUDI ARABIA: ISSUES THE FIRST SOUND MARK REGISTRATION CERTIFICATE

NJQ & Associates — Fri, 25 Sep 2020 20:22:13 +0000

RIYADH – In accordance with the new Gulf Cooperation Council (GCC) Trademark Law effective in Saudi Arabia since 2016, Article 2 of the law extends protection to sound marks. Thus, the Saudi Authority for Intellectual Property (SAIP) issued the first registration certificate for a sound mark on 24 August 2020.

The application must contain the sound represented by a musical notation accompanied by a digital MP3 sound file. Since this registration is precedent in Saudi Arabia with no prior similar cases, it is hard to determine the aspects of the legal proceedings in case of infringement.

For more information, please contact saudi-arabia@qumsieh.com.

Bahrain – Accepting Sound Mark Trademark Applications

NJQ & Associates — Tue, 25 Nov 2014 12:32:17 +0000

MANAMA – This is to advise that the Trademark Office in the Industrial Property Department inside the Ministry of Industry and Trade are accepting trademark applications for sound marks according to Circulation number 14/23-3 dated 18 November 2014 as of that date.

The requirements to file a sound mark are:

Musical note composition of the sound mark;
Compact Disk containing the music piece in MP3 audio file or any other compatible format, and
- Power of attorney legalised by the Consulate of Bahrain or appostilled, and
- Copy of certificate of incorporation and extract from the commercial register.

The applicable trademark law of Bahrain on traditional trademark applications is also applicable to sound mark applications. A modified trademark application form is made available for this purpose.

The sound mark is examined as any other application; after acceptance the mark will be published in the Official Gazette with the musical composition printed in the space made available for the print of the mark, and a copy of the audio format of the sound mark can be obtained from the Industrial Property Department for opposition purposes.

Should you need more clarifications, please contact bahrain@qumsieh.com.

China – Amendments to Trademark Law and Practice

NJQ & Associates — Thu, 26 Sep 2013 15:50:13 +0000

This is to advise that the recent amendments to the IP law were approved by the National People’s Congress on 30 August 2013 and will be effective as of 1 May 2014.

The main aspects of the changes are:

Sound marks can be registered now;
Multiple-class application is possible;
Electronic filing will be applied;
The time frame has been defined for processing the examination of new applications, oppositions, cancellation actions, etc;
Improvement to the opposition system, including the limitation and definition of the opposition and grounds for filing opposition;
A trademark renewal application can be filed within 12 months prior to the expiration of its validity term, which is twice the length of time of the current practice of 6 months;
The introduction of new Unfair Competition Act;
Introducing the principle of well-known trademark recognition;
Enhancing the protection of the exclusive right to use a trademark;
Reinforcing the intensity of countermeasures against preemptive trademark registration, and
Regularising the behavior of trademark agencies by imposing penalties on such agencies who commit any act considered by the administrative authority for industry and commerce to be done on bad faith or construed unfair competition.

For more clarifications, please contact info@qumsieh.com.