How to do for registering a trademark in Saudi Arabia? We will briefly explain the characteristics that a trademark must have to be registered and which is the procedure to follow.
But remember: Eva Troiani law firm s at your disposal for further information, assistance and advice on the subject!
In this post we talk about:
Which trademarks can be registered and CANNOT be registered in Saudi Arabia
The following may be registered as trademarks: names of distinct shapes, signatures, words, letters, numbers, drawings, symbols, stamps, and prominent inscriptions or any other sign or combination thereof that are suitable to distinguish industrial, commercial, vocational or agricultural products.
Trademarks covering alcoholic goods are not registrable.
Trademark filing and registration of a trademark in Saudi Arabia
Whoever wishes to obtain the registration of a trademark, must file an application for each class in which it was requested. Also Saudi Arabia uses Nice Classification.
The competent department of the Ministry of the Commerce shall, within a period of thirty days after the filing of the application, decide on the application if it meets the condition for registration. If the Authority is of the opinion that the application is not in accordance with the rules of the law, a provisional refusal is issued and a period of three months is given to the applicant to file a reply.
If the mark is registered, the competent department shall publish the registration and any interested party may oppose the registration within 90 days from the date of the publication of the notice in the Official Gazette.
Validity and duration of a trademark in Saudi Arabia
The term of duration of the registered marks shall be ten years from the application date and can be renewed indefinitely, each time for ten years.
According to Article 29 of the Trademark Law,
“The competent department or interested party may request cancellation of a mark’s registration under the following conditions:
- If the mark’s owner does not use it in a serious manner for a period of five years in succession, unless the owner presents a reasonable excuse to justify it;
- If the mark was registered in violation of public order and public morality;
- If the mark was registered fraudulently or according to false information”
According to Article 33 of the Trademark Law
“Ownership of a trademark may be transferred to others by any act of transaction of transferring ownership provided it is in a written form and provided it is not intended to mislead the public especially as far as the nature, origin, characteristics of performance of the products or services are concerned”.
According to Article 37 of the Trademark Law
“A mark’s owner may grant a license to natural or juristic person to use it for all or part of the products or services registered under the mark. The mark’s owner may permit other persons to use the same mark and he shall have the right to use it himself unless otherwise is agreed. The period of the license may not exceed the protection period of the mark”.
Advice on registering a trademark in Saudi Arabia
You can register the mark in any language and with any graphic sign. We invite you to evaluate the possibility of registering the mark in Arabic language to ensure greater understanding by the local public.
Troiani law firm is at your disposal for further information on how to register the trademark in Saudi Arabia. Don’t hesitate to contact us!