Getting Your Trademark Registered In Saudi Arabia

Saudi Arabia, the second largest country in the Arab World and the fifth largest country in Asia is one of the most important countries in the Middle East. Being one of the world’s largest oil producer and largest oil exporter, Saudi Arabia is a key country. The country controls the world’s second largest oil reserve and sixth largest gas reserve. (The rankings are subject to change). The Saudi Arabia has been ranked high on the Human Development Index categorizing as World Bank High Income Economy. Being a major power with a strong influence in the world politics, Saudi Arabia is the only country to be a part of G20 major economies.

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Saudi is considered as a regional and middle power with the highest economy in the middle east. With more young population, Saudi is on the forefront of being the industrialized economy coupled with the strong technological interference.

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. All of these powers have now been transferred to the Saudi Authority for Intellectual Property (SAIP). The Commercial Courts preside over infringement related disputes.

Trademark in Saudi Arabia

In the Saudi Arabia, trademarks are governed by the Trademarks Regulation, Royal Decree No M/21 of 28 Jumada Awal 1423 Hejra (corresponding to 8 August 2002), and its Implementing Rules of the same year. Trademarks are also governed by the Gulf Cooperation Council (GCC) Trademark Law, which Saudi Arabia adopted on 27 September 2016.

The GCC Trademark Law does not create a single unified method of trademark registration for GCC countries, thus, applications for registration are still made through the Saudi government body in charge of trademark oversight, the SAIP. The SAIP applies the ‘Nice Classification’ in accordance with the Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 1957.

Documents required for registration

• a copy and description of the trademark required to be registered;
• the name, title, address, nationality and trade name of the applicant (if any). If the applicant is a juristic person, the name, address of the head office and nationality must be stated;
• where the application is submitted by an attorney, his name, title and address must be stated;
• the products or services in respect of which the trademark is required to be registered, and the classification thereof;
• a copy of the power of attorney together with the original for verifying purposes must be attached where the application was submitted by an attorney of the person concerned;
• evidence of payment of application fees as stipulated in the Trademarks Regulation.

What cannot be registered as a Trademark?

• Any trademark that lacks distinctive character
• Any Expressions, drawings or marks that defy public morals or public order
• Public emblems, flags, military emblems or symbols of any GCC states, other countries, or International Organizations
• Any mark that showcases any religious significance
• Geographic names

Examination, Grant and Validity

A similar trademark which is already registered by other applicant or is an internationally known mark cannot be registered. After the filing of the application, the mark will be reviewed and the mark will be examined usually within 7 working days. After the acceptance of the mark, the mark will be published electronically for a period of 60 days (after paying the publication fee (1575 SAR). In the absence of any objection to the mark, the final registration bill will be issued for (5000 SAR). Post which the trademark certification will be issued.

Registration of a trademark allows holders protection for ten years from the date of application, renewable for similar periods. Any renewal must be specifically applied for before the end of the last year of expiry of the registration, and the procedure for renewal is the same as the one for the initial registration of the trademark.

In case, the trademark is not used for 5 consecutive years, it may be deleted or cancelled. Penalties for infringement of a valid trademark include imprisonment for a period of not more than one year and a fine of not less than SAR 50,000 and not more than SAR 1 million.

Official Fees (in Saudi Riyal)

(Please Note- The fees are subject to change with minor variations. The firm will not be liable for any discrepancy in the fees. The Charges will be taken as per the fees relevant at the time of providing the services.)

Author: Saransh Chaturvedi (Advocate, LLM (IIT Kharagpur) – an associate at Khurana & Khurana, Advocates and IP Attorney, in case of any queries please write back us via email at support@ipandlegalfilings.com  or contact us at IP And Legal Filings.