The current trademark regulations in Saudi Arabia are mainly based on the 2002 revised Trademark Law. The Saudi Arabian Trademark Office is responsible for managing trademark affairs and the official language is Arabic. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Saudi Arabia follows the principle of "application first, consideration given to use first". Starting from September 27, 2016, the current trademark regulations in Saudi Arabia will be based on the "GCC" Trademark Law.
Saudi Arabia is a signatory to international intellectual property treaties such as the WIPO Convention, TRIPS Agreement, and Paris Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, Saudi Arabia adopts the Nice Classification 10th edition of product and service descriptions, which can accept large title product and service descriptions on designated categories. Alcoholic products in Class 33 and Class 32, pork products in Class 29, Christmas trees and related products in Class 28, and retail services in Class 35 related to the aforementioned products are not eligible for registration and do not accept applications for multiple categories on a single form. The elements that can be registered as trademarks in Saudi Arabia include: text, name, graphics, three-dimensional identification, etc.
If the applicant does not reside in Saudi Arabia, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney for notarization and authentication;
5.If priority is declared, priority proof documents and corresponding Arabic translations must be provided.
The main process for applying for registration of a Saudi Arabian trademark is: application, examination, announcement, approval, and issuance of a certificate. After about one week of application submission, the application will be accepted. The Saudi Arabian Trademark Office will conduct formal and substantive examinations. If the examination fails, a rejection notice will be issued and the applicant will be required to modify the trademark within 10 working days. If the applicant does not agree to modify the trademark, they may also appeal within the prescribed time limit; Once the review is approved, an announcement will be arranged. The 60 day objection period from the announcement date is non extendable, and any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Common name;
9. Geographical indications;
10. Violating the public interest.
If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. If everything goes smoothly, trademark registration in Saudi Arabia will take about 8 months. If there are any objections or rejections encountered during the process, the time will be extended.
The Saudi Arabian trademark is valid for 10 years after registration (according to the Saudi calendar, it is actually 9 years and 8 months), starting from the date of application; Renewal can be processed within 1 year before the expiration date, with a grace period of 6 months (according to the Saudi calendar): the renewal is valid for 10 years.