Trade fairs and exhibitions are often where businesses first introduce new brands, products and services to the market. However, displaying a new trade mark before filing an application can expose it to the risk of being copied or registered by third parties.
To address this, many jurisdictions offer temporary trade mark protection for marks displayed at official exhibitions. Although the concept is well established internationally, it is often overlooked in practice across the GCC.
The concept originates from Article 11 of the Paris Convention for the Protection of Industrial Property, which requires member states to provide temporary protection for industrial property exhibited at official or officially recognised international exhibitions. Each country may determine the procedures, requirements and duration of that protection under its national laws.
As a result, the scope and implementation of temporary protection vary between jurisdictions.
Temporary protection and exhibition priority are often confused, but they serve different purposes.
Temporary protection protects a trade mark during the exhibition itself, usually through a temporary registration or certificate issued by the relevant register or authority.
Exhibition priority, by contrast, does not provide immediate protection. Instead, it allows the exhibitor to rely on the exhibition date as a priority date when filing a trade mark application within a prescribed period after the exhibition. This mechanism is not currently available in the GCC, although evidence of exhibition use may still be relevant in proceedings such as appeals or oppositions.
The GCC Trade Mark Law expressly recognises temporary protection for trade marks used at exhibitions. Article 21 of the GCC Trade Mark Law, together with Articles 19 to 22 of its Executive Regulations, provides the framework under which trade mark owners may obtain temporary protection for marks displayed on products or services at official exhibitions held in GCC member states.
In general, applicants must:
Applications are entered into a dedicated register, after which the relevant register or authority may issue a temporary protection certificate. Importantly, this protection does not replace a trade mark registration. It applies only during the exhibition period and should be followed by a regular trade mark application where long-term protection is required.
The UAE has incorporated temporary exhibition protection into its national trade mark legislation. Trade mark owners exhibiting products or services at official or internationally recognised exhibitions in the UAE may apply to the Ministry of Economy and Tourism at least one month before the exhibition opens.
Once accepted, the mark is recorded and a temporary protection certificate may be issued. Protection remains in force for the duration of the exhibition unless cancelled earlier at the owner's request. As this procedure remains relatively new for the Trade Mark Office, practical filing requirements may develop further. The UAE has set an official fee for the service, and until the new portal is available, enquiries should be directed to the Trade Mark Office by email.
Saudi Arabia has implemented the GCC provisions through its national legislation and Executive Regulations. Applicants may obtain temporary protection for trade marks displayed at official exhibitions held within the GCC, provided the statutory requirements are met. The Regulations also provide for a temporary protection certificate to be issued once the application has been recorded.
Qatar and Bahrain have adopted the GCC Trade Mark Law and are therefore required to provide temporary protection under Article 21 of the Law and Articles 19 to 22 of the Executive Regulations. In practice, however, neither Trade Mark Office appears to have published dedicated official fees or introduced an online filing service specifically for temporary protection applications.
This appears to be an administrative, rather than legislative, gap. Article 22 of the Executive Regulations provides that temporary protection certificates are issued only for exhibitions designated by official decision, suggesting that applications may be handled on a case-by-case basis depending on the exhibition concerned.
Businesses planning to exhibit in Qatar or Bahrain should therefore seek local advice well before the exhibition to confirm the available procedure.
Businesses planning to launch new brands at exhibitions in the GCC should:
Although temporary exhibition protection is not widely used, it can be a valuable tool for businesses introducing new brands at trade fairs and industry events across the GCC. With major international exhibitions continuing to take place across the region, early planning can help reduce the risk of third parties copying or registering valuable brands before a formal trade mark application is filed.
If you are planning to exhibit products or services in the UAE or elsewhere in the GCC, or would like to understand whether temporary protection is available for an upcoming event, please get in touch. We would be pleased to advise on the applicable requirements, filing strategy and timing, and to assist with securing appropriate protection before your exhibition begins.
