Jeddah, 9 August 2006 -- The Court of Grievances in Riyadh overruled a decision by the Ministry of Commerce and Industry that refused to allow a foreign food company from registering its trade name, according the company's lawyer. The court issued several rulings on the cases regarding the trade name and trademark of Birbir Restaurants, a restaurant chain of a Lebanese company.

According to Majed Garoub, the lawyer for the Lebanese Birbir Restaurants Company and Al-Raqiya Restaurants Company, the Lebanese company filed a case against the ministry, which decided through its Complaints and Objections Committee, to refuse the company's request of registering its trademark because of an objection filed by Birbir Restaurant Establishment for Food in the Eastern Province that claimed ownership.

The Lebanese company rejected the committee's decision based on the fact that the Saudi establishment has obtained a commercial registration carrying the trade name after it failed to win the franchise therefore using the name illegally. With the issuance of the court's ruling, the company now has the right to register its trademark unless the ministry has other objections.

The court also dismissed the case filed by the Saudi establishment against Al-Raqiya Restaurants Saudi company. The court rejected the establishment's request for preventing Al-Raqiya Restaurants company and the Lebanese Birbir Restaurants from using the phrase "Birbir Restaurants" because using this phrase does not contain any mistakes. A request for compensations by the establishment was also rejected because Al-Raqiya Restaurants has gained the franchising license of the Lebanese Birbir Restaurants to open restaurants carrying their trademark and name.

A third ruling by the court dismissed the case by the Lebanese company against the Saudi establishment and refused to remove the "Birbir Restaurants" name from the establishment's commercial registration stating that the phrase "Lebanese Birbir Restaurants" was difference enough from Birbir Restaurants Establishment for Food. However, the court objected to using "Birbir Restaurants", which was registered in contrary to the Saudi commercial names system, and point to the need for using the civil name beside the commercial name in all its printed material, according to the statement by Majed Garoub Law Firm.

Garoub considered the court rulings to have protected the rights of his clients with regards to the trade name and protected the customers against confusing between the two restaurant facilities. "This kind of protection of trademarks and trade names and copy rights is a major support and attraction for foreign investment and the development of local businesses and industries," he said.

Arab News 2006