The Saudi Registrar of Trade Marks refused a trade mark application on the basis of a prior registration for the identical mark in the same class. The applicant submitted a letter of consent and no objection from the registrant to use and register the mark in the Kingdom which the Office of the Minister of Commerce and Industry rejected as a means to overcome the refusal. The applicant appealed the decision to the Administrative Court which overturned the refusal. The Court held that trade mark protection entails a balancing of private and public interests, and where the owner of a senior mark consents to the registration of a mark (even identical) by a junior applicant, the obstacle is effectively removed and the junior filed mark may be registered. This decision is significant since the trade mark office generally does not accept consents as a basis for overcoming refusals, especially where the conflicting marks are identical (Judgment No. 306/A/3/1/1435, case No. 10057/1/J of the year 1434H).
