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Laws relating to Trademark in Saudi Arabia

Trademark laws in Saudi Arabia are regulated by the GCC trademark law and its implementing regulations. While the GCC trademark law is the main trademark-related law, approved by the Saudi Royal Ministerial decree in 2016, there are multiple other laws and implementing procedures relevant in Saudi Arabia. The governing authority for trademarks in Saudi Arabia is the Saudi IP Authority (SAIP), and this is where trademarks are filed, searched for, and maintained. 

Trademark registration process in Saudi Arabia

A smooth trademark registration generally passes through three phases:

Filing – which you file the trademark at the TM department.

Publication – if the mark is accepted and not rejected, then it will be published for 60 days (opposition period).

Registration – after the opposition/publication period ends, you can pay the final registration fees and receive your trademark certificate.

After filing a trademark at the trademark office, and settling official fees relating to filing the trademark examiners at the Saudi IP Authority (SAIP) in Saudi Arabia to examine trademark applications, the examination process takes place on two levels:

Formal examinations of trademarks in Saudi Arabia – are examinations which take into account regulatory, formal or documentary aspects of the trademark filing requirements. In other words, an examiner will look at, whether all the required documents for filing have been submitted, whether these documents have been properly authenticated (legalized or locally legalized), whether the fees have been settled, whether the applicant is entitled to register a trademark locally, whether the classes designated are available locally, and whether priority documents are included or not.

Substantive examinations of trademarks in Saudi Arabia – are conducted by examiners at the trademark office within Saudi IP Authority (SAIP).

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How long does it take to get a trademark registration in Saudi Arabia?

It takes between 4 to 7 months to receive a trademark registration certificate.

Examination criteria for trademarks in Saudi Arabia

The examination criteria are both on absolute grounds, and relative grounds:

Absolute grounds for trademark refusals in Saudi Arabia are: 

  • Trademarks which are devoid of any distinctive character.
  • Trademarks which exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
  • Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
  • Trademarks which are contrary to public policy.
  • Trademarks which are contrary to public morals and ethics.
  • Trademarks which deceive the public, as to the nature, quality, or source of the goods or services.
  • Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags or symbols.
  • Trademarks which include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
  • Trademarks which are similar to or resemble symbols of a purely religious character.
  • Trademarks which are geographical names and whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
  • Trademarks which are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
  • Trademarks which are indications of honorary distinctions to which the applicant for registration cannot prove.

Relative grounds for trademark refusals - assess whether a trademark application filed in Saudi Arabia may cause confusion due to the similarity with a previously registered or famous trademark locally.

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Costs for trademark registration in Saudi Arabia

Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.

Professional fees for trademark registration

Professional fees for trademark registration in Saudi Arabia ranges from USD160 to USD1,500 depending on the service provider you are working with. Easy trademarks provide cost-effective solutions and have professional fees depending on the package you choose, as we leverage legal technology, which provides the brand owners with the ability to get premium service, consistency, and delivery with a cost-effective price. Once you are ready to start, choose the package you want and you will see the total official fees and professional fees for each package. Refer to Build your proposal to calculate the fees

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Official fees for trademark registration

Official Filing fees of a trademark = USD283

Official Publication fees of a trademark = USD175 

Official Final Registration fees of a trademark = USD1,392

In Saudi Arabia the total official fee for trademark registration is USD1,850

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How long is a trademark protected for?

A trademark is valid for 10 Hijri years equivalent to 9.5 Georgian years from the filing date

Trademark registration is valid for 10 Hijri years calculated from the filing date. In order to maintain protection after 10 Hijri years, a brand owner should renew the trademark by filing a renewal application.

When does the protection of a trademark in Saudi Arabia start?

A trademark owner does not have to wait until a trademark is registered in Saudi Arabia to have protection. This protection starts immediately when the trademark is filed (lodged at the trademark office).

What trademark classes are available in Saudi Arabia?

A trademark owner who is usually referred to as an applicant has to file a trademark on each class required since Saudi Arabia is not a multi-class system. Each class is considered a different trademark. An applicant can protect a trademark on all 45 classes. Every trademark is registered on a specific list of goods (products or services). In Saudi Arabia, there is no limitation on the number of classes you can register your trademark on. In Saudi Arabia, there is a specific list of goods with the Nice classification version that Saudi Arabia registers on, so a class analysis is required to make sure that the products or services chosen are available before filing your trademark.

What are the documents required for trademark protection in Saudi Arabia?

A Power of Attorney

  • If you are not a resident of Saudi Arabia, a legalized or apostilled power of attorney is required for trademark registration in Saudi Arabia. A legalized power of attorney means that the power should be stamped at the Saudi embassy the applicant is from in order to be enforceable locally within Saudi Arabia. Following legalization or apostille, the power of attorney needs to be locally legalized and authenticated.
  • If you are a resident or a national of Saudi Arabia living in Saudi Arabia, then the power of attorney should be notarized and a copy of your trade license or Saudi ID will be sufficient to file the trademark locally. Notarizing the POA can be completed through a quick visit to the notary.
  • The power of attorney has to be submitted before filing. You have to file your trademark in Saudi Arabia with a legalized power of attorney and submit it before filing to get approval.

Trade License / Commercial Certificate / Certificate of Good Standing:

  • If you are a local entity, then a trade license is required, and a simple copy of the license as long as it is valid.
  • If you are an international company, a license is NOT required.
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What are important deadlines for trademark protection in Saudi Arabia?

The Saudi IP authority implements strict deadlines when processing trademark applications. An application when submitted should have all the relevant information and documents required,, so there is no deadline for the submission of documents. There are however strict deadlines for settling fees relating to: 

  • Publishing a trademark in Saudi Arabia after a notice of allowance is issued - 30 days non-extendable. 
  • Settling trademark registration fees in Saudi Arabia once the trademark completes the publication - 30 days non-extendable. 
  • Responding to a trademark rejection decision in Saudi Arabia 60 days non-extendable 
  • Opposing a published mark 60 days non-extendable.
  • A trademark is protected for 10 HIJRI years, which is equivalent to around 9.5 Gregorian years.

Are international trademarks available in Saudi Arabia?

An international application can not designate Saudi Arabia..If you want to register your trademark nationally in Saudi Arabia, a local application is filed nationally at the Saudi IP authority. 

National Vs International trademark in Saudi Arabia?

Saudi Arabia is not a party to Madrid so there are no international applications available in Saudi Arabia. 

Local tips for trademark registration in Saudi Arabia

To register your trademark in Saudi Arabia, you will need a sworn translator to translate the trademark name, applicant details, list of goods (classes), and trademark details into the Arabic language.

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Service level guarantee for trademark registration in Saudi Arabia

If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents, and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.          

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