Saudi Arabia:

Saudi Arabia is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Registration of Marks under the Nice Agreement is followed in Saudi Arabia. Trademarks covering alcoholic goods and retail and wholesale services are not registrable. A separate application should be filed concerning each class of goods or services.

Once a trademark or a service mark application is filed, it is examined as to its availability, registrability, and coverage. If the registrar objects in writing to certain aspects of the mark in the course of examination, such as the scope of goods or services, or asks for the modification of the mark, a grace period of 10 days is given to the applicant to comply with the registrar’s request. Once the application is formally rejected, a complaint against the rejection can be filed before the Complaints Committee within 30 days from the date of the rejection notification. The Minister’s decision may be appealed before the Board of Grievances (First Instance Court). The trademark or service mark applications accepted for registration are published online on the Official Website (AAMALY).

The publication is an invitation to any interested party to oppose the registration of trademarks or service marks conflicting with their interests. There is a 30 days period for filing opposition by any interested party. The case should be filed before the Board of Grievances (First Instance Court).

The duration of a trademark or a service mark registration is ten years from the filing date according to the Hegira (Islamic) calendar (equivalent to approximately nine years and eight months). The registration is renewable for similar periods of 10 years each. According to the provisions of the new trademark law, a grace period of 6 Hegira months with a lateness fine is allowed for filing a renewal application after the expiration of the protection period. A new trademark application can be filed for the re-registration of a canceled trademark or service mark.

The assignment of a trademark or a service mark can be recorded once the mark is registered in the country. Unless an assignment has been entered against a trademark or a service mark in the registry and published in the Official Gazette, it shall not be effective vis-à-vis third parties. The registrar does not emphasize the goodwill associated with a trademark or the consideration amount involved in the assignment. The registrant of a trademark or service mark must also record any change in his name and address in the registry.

Trademarks are not compulsory in Saudi Arabia for filing applications to obtain registration or maintaining registrations in force. However, a trademark becomes vulnerable to cancellation by any interested party who can establish that the trademark was not used for five years in succession unless the owner of the mark presents a reasonable excuse to justify non-use of the mark.

Unauthorized use of a trademark registered under the law, an imitation of such trademark applied on goods or in relation with services of the same class, sale, storing for sale, exhibiting for sale of goods bearing a counterfeit mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law.

1. Full name and address and nationality of the applicant.

2. Power of attorney notarized and legalized up to the Saudi Consulate.

3. Trademark image.

4. List of goods/services to be covered by the application.

5. Certified copy of priority document if claimed (accepted within six months). It must be legalized up to Saudi Consulate.

The legalized POA is needed with the application filing. It is permissible to file trademark applications and obtain the filing particulars and copies of the evidentiary filing documents with the scanned copy of the legalized POA. However, the original required documents should be submitted within three months of the application filing date. There is no additional fee for the late filing of the original documents.

1. Power of attorney notarized and legalized up to the Saudi Consulate.

2. Scanned copy of trademark registration certificate.

3. Registration information must be updated in the computer system at the registrar before renewal with additional fees.

• Filing System: Single class Filing system.
• Classification of goods/services: 11th Edition of Nice Classification.
• Registrable: trademarks, service marks, collective marks.
• Claiming priority: Paris Convention within six months.
• Time from filing to registration certificate: 4:5 months.
• Trademark Search: available.
• Time required to complete the search: 07 days.
• Time from filing to receive renewal certificate: 3:6 months.
• Time from filing till receiving assignment certificate: 3:6 months.
• Examination type: substantive examination.
• Protection (registration) duration: 10 Hijri years from filing date. (Approximately ten years less than 100 days).
• Use: a registered mark may be subject to a cancellation action by any interested party if it has not been used for five consecutive years.
• The renewal application can be made within six months before expiry.
• Renewal Duration: 10 Hijri years from filing date.
• Grace period to renew after expiration: 6 months with a penalty.
• Registration certificate: electronic certificate.
• If there is no Saudi consulate in your country, the legalization can be made by any Arabic Consulate. Then super legalization of the document will be prepared locally in Saudi Arabia with an additional fee of 200 US$ + the Consulate fee.
• Registration/renewal/assignment/change name/change address certificate: electronic certificate.