The Complete Guide: Trademark Registration Requirements in Saudi Arabia
Introduction
The trademark is more than just a logo or a name; it is the entire identity of your business and its reputation in the market. Protecting this identity begins with a crucial legal step: registering the trademark. However, this registration is not an automatic procedure; it is a process subject to a precise set of “substantive requirements” and “procedural requirements” defined by the Saudi legal system.
Many people make the mistake of initiating procedures without fulfilling these requirements, which can lead to their applications being rejected and a loss of time and money.
In this guide, we at Yaqeen Al-Furasa Law Firm explain all the requirements necessary to ensure a successful registration of your trademark in the Kingdom of Saudi Arabia.
What are the substantive requirements for registering a trademark?
These conditions relate to the nature of the mark itself. To be eligible for registration, the mark must meet the following:
- Be distinctive: It must have a distinctive character that enables it to distinguish the products or services of a particular trader from those of competitors.
- It must be innovative: The trademark must not resemble any other mark previously registered or filed with the Authority.
- It must not violate the law or public order. The trademark must not contain offensive symbols or designs, and it must not violate public morals or the provisions of Islamic law.
- It must not resemble a well-known trademark. A trademark that resembles a globally well-known mark cannot be registered, even if it pertains to different products or services, if it is likely to cause confusion or harm the owner of the well-known trademark.
Who is entitled to register a trademark in the Kingdom?
The law specifies the categories entitled to submit a trademark registration application, which are:
- اNatural or legal persons Who hold the nationality of any GCC country, including factory owners, manufacturers, merchants, artisans, and service providers.
- Foreigners residing in any of the GCC countriesprovided they are authorized to engage in commercial, industrial, artisanal, or agricultural activities.
- اFor foreigners belonging to a country that is a member of a multilateral international agreement, provided that one of the GCC countries is a party to it (or foreigners residing in that country).
What are the procedural requirements for registering a trademark?
These refer to the steps and requirements necessary to complete the registration process with the Saudi Authority for Intellectual Property. They are as follows:
1. Preparing the Application and Fulfilling the Requirements
- The trademark registration application is submitted through the Saudi Authority for Intellectual Property’s portal and may be submitted by the concerned party or an accredited intellectual property agent.
- Each application must be limited to a single trademark and a single class (category) only.
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The application is completed through the Authority’s electronic form and includes basic information, most importantly:
- A clear image of the trademark.
- Applicant’s information.
- Specification of the goods/services and the requested classes.
- Priority information (date, number, country) – if available.
- An Arabic translation of the trademark if it contains foreign terms.
2. Examination of the Application by the Authority
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After submitting the application, the Authority carefully examines it to ensure that all formal and substantive requirements are met.
- Formal Requirements:
- Ensuring that the application is completed in accordance with legal requirements.
- Verifying the payment of the required fees.
- Ensuring that all foreign documents are translated by an accredited translation office.
- Substantive Requirements:
- Verifying that no similar trademarks are already registered.
- Ensuring that the trademark does not violate public order or the Trademark Law.
3. Decision on the Application (Approval or Rejection)
The Authority is required to decide on the application within 90 days from the date of submission, with the decision being either approval or rejection.
- If the Authority finds deficiencies in the application, it may return it to the applicant, who is then required to complete the deficiencies within 90 days.
- If the deficiencies are not completed within this period, the Authority considers the applicant to have withdrawn their application.
If the application is approved: If the application is approved, the applicant is required to pay the publication fee. Payment must be made within 30 days from the date of notification of approval. Failure to pay is considered a withdrawal of the application.
If the application is rejected: The applicant has the right to appeal to the Trademark Appeals Committee. The appeal must be submitted within 60 days from the date of notification of the rejection. If the committee rejects the appeal, the applicant may file a lawsuit before the Commercial Court against the committee’s decision within 30 days from the date of becoming aware of the decision.
4. Publication and Opposition
After the trademark registration is approved and published, any interested party has the right to file an opposition.
- Opposition Period: 60 days from the date of publication.
- Notification of the Applicant: If an opposition is filed, the Authority provides the applicant with a copy within 30 days.
- Response to the Opposition: The applicant must respond within 60 days from the date of notification; failure to respond within this period is considered a withdrawal of the application.
4. Publication and Opposition
If the publication period ends without any opposition being filed, the trademark is registered. The Trademark Department at the Authority records the trademark after the payment of fees and then issues the trademark registration certificate.
Conclusion
It is clear from the above that the registration process requires several precise requirements. The applicant must carefully fulfill them before submitting the application.
It is important to note that all fees paid to the Authority are non-refundable, even if the application is rejected. To ensure the application is submitted correctly by professionals, we at Yaqeen Al-Farasa are pleased to offer this service. We are intellectual property agents accredited by the Saudi Authority for Intellectual Property.
You can request the service through the page Trademark Registration Services on our dedicated page, or by contacting us directly through the page Contact Us.
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