Kingdom of Saudi Arabia Trademark Registration Process
OVERVIEW
Expanding your business into the Kingdom of Saudi Arabia (KSA) requires a robust intellectual property strategy, and securing a trademark is a vital step in safeguarding your brand identity. KSA is an active participant in both the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization (WIPO), which simplifies the registration process for businesses aiming to establish their presence in the Saudi market.
Understanding the trademark registration process, required documentation, associated fees, and procedural timeline will enable you to efficiently navigate the legal framework. This guide offers an in-depth look at how to secure trademark protection in Saudi Arabia.
TRADEMARK LAW IN SAUDI ARABIA
Trademark protection in Saudi Arabia is governed by the Gulf Cooperation Council (GCC) Trademark Law, which applies to all GCC Member States, including Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain, and Oman. This law provides a unified approach to trademark registration and enforcement across these nations.
Under Saudi trademark law, any unique sign distinguishing one business’s goods or services from another is eligible for protection. Trademarks can consist of names, words, numerals, symbols, signatures, logos, three-dimensional shapes, sounds, colors, or a combination of these elements.
Saudi Arabia follows a first-to-file system, meaning that priority is given to the entity that first submits an application rather than the entity that first uses the trademark. This makes early filing essential for securing brand rights in the region.
WHAT CAN AND CANNOT BE REGISTERED AS A TRADEMARK IN SAUDI ARABIA ?
Eligible Trademarks:
- Names, words, logos, symbols, numerals, and designs.
- Three-dimensional marks, colors, and sounds that can be graphically represented.
- Unique packaging or trade dress that differentiates a brand.
Ineligible Trademarks:
- Generic or non-distinctive marks.
- Trademarks identical or confusingly similar to existing registered marks.
- Symbols of religious significance, national flags, or emblems.
- Deceptive or misleading trademarks.
- Marks that violate public morals or contradict Islamic principles.
REGISTRAR OF TRADEMARKS IN SAUDI ARABIA
The Saudi Authority for Intellectual Property (SAIP) is the official entity responsible for handling trademark applications. Previously managed by the Ministry of Commerce and Investment (MoIC), SAIP now oversees the entire registration process, offering a more efficient system for local and international businesses.
WHAT YOU NEED TO FILE A TRADEMARK APPLICATION IN SAUDI ARABIA
To ensure a smooth application process, prepare the following documents:
- Power of Attorney (POA): Authorizing a legal representative to manage the filing.
- Applicant’s Identification: Passport copy or national ID.
- Description of Goods/Services: Clearly stating the intended scope of protection.
- Priority Document (if applicable): Required if claiming priority based on a previous filing.
- Application Fee: Payment proof for processing the application.
01. INITIAL TRADEMARK SEARCH
Before proceeding with a trademark application, conducting a preliminary search is recommended. This helps determine the likelihood of approval and identifies potential conflicts with existing registered trademarks. At Mahtta & Co., we conduct detailed trademark searches to assess the registrability of your mark in Saudi Arabia.
02. PREPARING YOUR APPLICATION
Once the initial search is completed and no conflicts are identified, the next step is filing the application with SAIP. The essential details to be submitted include:
- Trademark name, logo, or symbol.
- Applicant’s name, nationality, and business address.
- Trade license copy (if applicable).
- Power of Attorney.
- Passport copy.
- List of goods and services under classification.
03. FEES
The total cost for filing a trademark depends on the number of classes under which the application is submitted.
04. FILING YOUR APPLICATION
After completing the documentation, the trademark application is officially filed with SAIP. The applicant receives an email confirmation and a trademark application number. This serial number allows applicants to track the status of their application on the SAIP website.
Important Note: Once the application is filed, modifications to the trademark or listed goods and services are not permitted. Therefore, ensure the accuracy of all details before submission.
05. EXAMINATION, PUBLICATION AND OPPOSITION
Upon submission, SAIP examines the application to verify compliance with legal and formal requirements. If the application meets the necessary criteria, it proceeds to the publication stage. The trademark is then published for a 60-day opposition period, during which third parties can file objections if they believe the registration infringes upon their rights.
06. REGISTRATION OF THE MARK
If no objections are raised, or if any opposition is resolved in favor of the applicant, SAIP finalizes the registration process. The applicant then receives a Certificate of Registration, confirming exclusive rights to use the trademark in Saudi Arabia.
Once the trademark is registered, the registered trademark symbol (®) can be used.
07. TRADEMARK VALIDITY
In Saudi Arabia, registered trademarks are valid for 9 years and 8 months (equivalent to 10 Hijri years) from the filing date.
08. RENEWAL
Trademark owners must file for renewal during the last year of the validity period. A six-month grace period is provided after expiration, allowing for late renewal with additional fees.
08. USE REQUIREMENT
A registered trademark must be actively used in commerce within five years from the date of registration. Failure to use the trademark within this period may lead to cancellation.
Secure Your Brand Identity Today!
Protecting your trademark in Saudi Arabia is a strategic investment for businesses seeking long-term success. With SAIP streamlining the registration process, securing trademark rights has never been easier. Whether you are an entrepreneur, startup, or established enterprise, filing a trademark ensures your brand is legally protected from potential infringements.
If you need expert assistance with your trademark registration in Saudi Arabia, contact Mahtta & Co. today. Our team of professionals is here to guide you through every step of the process, ensuring a hassle-free experience in safeguarding your intellectual property.