Saudi Arabia
Kingdom of Saudi Arabia Trademark Registration Process
OVERVIEW
The Kingdom of Saudi Arabia (KSA) is a participant in both the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization (WIPO). This membership facilitates a streamlined process for businesses seeking to register their trademarks in Saudi Arabia.
Whether you are currently engaged in business activities in Saudi Arabia or contemplating entry into the market, it is crucial to comprehend the trademark registration procedure, timetable, required documentation, and associated fees. Armed with this understanding, you can navigate the trademark registration process effectively, ensuring the successful safeguarding of your intellectual property.
TRADEMARK LAW IN SAUDI ARABIA
The primary legislation governing trademarks in Saudi Arabia is the Gulf Cooperation Council ("GCC") Trademark Law, which is accompanied by enabling Regulations. These Regulations are designed to outline trademark registration procedures, as well as mechanisms for trademark protection and enforcement within the Kingdom of Saudi Arabia.
The GCC Trademark Law is a standardized legal framework applicable to all GCC Member States, including Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain, and Oman. This law ensures a uniform and comprehensive approach to trademark protection throughout the GCC region.
As per Saudi Arabia’s Trademark Law, a trademark encompasses any distinguishable sign used to differentiate the goods or services of one entity from those of another. This can include elements such as words, names, signatures, letters, numbers, shapes, colors, sounds, or combinations thereof.
In Saudi Arabia, businesses seeking trademark protection must initiate the registration process with the relevant authorities. Notably, Saudi Arabia is a first-to-file country, as opposed to a first-to-use country. This distinction is significant for businesses operating in the country, as it allows them to secure trademark protection, irrespective of whether they were the first to use the mark in Saudi Arabia.
WHAT CAN AND CANNOT BE REGISTERED AS A TRADEMARK IN SAUDI ARABIA ?
According to the Trademarks Law, any sign with the ability to distinguish the goods or services of one business from others is eligible for trademark registration. This encompasses a broad range of elements, including, but not limited to, words, names, signatures, letters, numerals, devices, labels, tickets, shapes, colors, packages, and the three-dimensional configuration of goods or their packaging.
Furthermore, sounds and smells can also qualify for trademark registration in Saudi Arabia, provided they can be represented graphically.
Trademarks that are not registrable as trademarks in Saudi Arabia include:
- Signs lacking distinctive character, such as religious symbols, flags, or national emblems, may be rejected.
- Trademarks that are identical or confusingly similar to existing marks may face refusal.
- Marks bearing resemblance to well-known trademarks, either identical or confusingly similar, may be subject to rejection.
- Marks with the potential to mislead the public or contain false statements regarding the origin, source, or properties of goods or services, including those with fictitious, imitated, or forged trade names, may not be eligible for registration
- Trademarks that go against public order or morality may be denied registration.
REGISTRAR OF TRADEMARKS IN SAUDI ARABIA
The Saudi Authority for Intellectual Property (SAIP) has recently taken over the responsibility of trademark administration, including registration, from the Saudi Arabia Ministry of Commerce and Investment (MoIC). This transition has led to a more streamlined and efficient process for those seeking trademark registration in the country. As a result, applicants, whether individuals or businesses, can anticipate a quicker and more efficient registration procedure.
WHAT YOU NEED TO FILE A TRADEMARK APPLICATION IN SAUDI ARABIA
To initiate the trademark application process in Saudi Arabia, ensure you have the following essential documents ready to prevent delays or complications:
- A Power of Attorney, granting authority to your selected agent or firm for filing and handling the application on your behalf.
- A copy of your passport or ID.
- A comprehensive description of the goods and/or services intended for registration.
- Priority document, if claiming priority.
- The application filing/consideration fee.
Having these documents prepared will facilitate a smooth and efficient process for registering your trademark in Saudi Arabia.
01. INITIAL TRADEMARK SEARCH
Mahtta & Co. strives to make the the trademark registration process smooth. We offer to conduct a trademark search for your proposed mark to give you an idea of how registrable your mark is in Kingdom of Saudi Arabia.
02. PREPARING YOUR APPLICATION
Following the conclusion of the pre-application search, the owner of the trademark can move forward by submitting an application with the SAIP.
- Name of the Mark/ Logo/ Device prints or Visual Representation - Name of the Applicant - Address and Nationality of the Applicant - Copy of Trade License - Power of Attorney - Passport Copy - Priority Document - List of Goods and Services to be protected
FEES
The cost to file an application in Kingdom of Saudi Arabia depends on how many classes you would like to include in your application.
03. FILING YOUR APPLICATION
- Next your application will be filed with the SAIP and we will drop you an email confirmation of the filing.
- You will receive a trademark application number, You can check the status of your application anytime on the website with this application serial number.
Please note, we cannot change the mark that you register for, or the goods listed inyour application once you file. For this reason, the goods listed in your application must be an accurate description of your actual products.
04. EXAMINATION, PUBLICATION AND OPPOSITION
Following the submission of the application, the SAIP will conduct an examination to verify its compliance with all formal requirements. Upon meeting these requirements, the application will proceed to the publication stage. Subsequently, any concerned party will have a 60-day window, starting from the publication date, to raise objections to the registration of the trademark.
06. REGISTRATION OF THE MARK
In the absence of objections during the publication phase or if any objections raised are unsuccessful, the SAIP will proceed to verify that the trademark fulfills all the necessary requirements for registration in accordance with Saudi law. Upon satisfying these requirements, the applicant will be issued a Certificate of Registration, generated through the system.
Now that your trademark is registered, you can put registered mark symbol : ®
07. TRADEMARK VALIDITY
Saudi trademarks have a validity period of 9 years and 8 months (equivalent to 10 Hijra years) starting from the filing date.
08. RENEWAL
Owners can submit a renewal request during the last year of the protection period. In case of delayed renewal, a six-month grace period is provided after the expiration of the protection term.