Trademarks

Legal basis

Trademark Law

International Conventions

Paris Convention for Protection of Industrial Property

International Classifications

Nice Classification

Application/ Registration System

Multi-class system

Examination basis

Absolute grounds and relative grounds

Publication Sources

Official Gazette.

Publication after registration

No

Period for opposition

90 days from the date of publication in OG

Filing basis

Use Intention to use Use Declaration

Use to protect against cancellation actions

For five (5) years from registration date

Use by registered license

Will inure to  benefit of registered owner and satisfies use requirement provided that the license is duly recorded with TMO

Appellate authority (administrate)

Trademark Office, Ministry of Commerce

Appellate authority (judicial)

Board of Grievences

Validity of Registration

Ten(10) Hejrah (*Lunar)years from filing date

Time span for registration procedure

Eight (8) to Tweleve (12) months from month of application

Renewal

Last tweleve(12) months of the current protection period

Grace period for late renewal

6 Hejira (*lunar) months

Enforcement of TM rights

  • Registered TM

 

Administrative:

  • Ministry of Commerce & Industry

 

Criminal:

  • Board of Grievences (infringment,

                            unfair competition)

Civil:

  • Board of Grievences(infringment,

                            unfair competition)

 

  • Unregistered TM

 

Civil:

  • Civil Court (infringment,

                unfair competition)

Court System

1st Instance    Appeal   Court of Cassation

Legal System

Based on Sharia (Islamic Law)

Service

Description

Official Fees (USD)

Proffesional Fees (USD)

Total Fees (USD)

New Application Filing New Application 270 310 580
  Publication in TMJ 270 282 552
  Registration of trade/ service mark 800 250 1050
Renewal of Trademark Application within last year of validity 800 200 1000
  Application within 6 months after validity 1070 200 1270
  Publication in TM Journal 200 80 280
Recordal of Assignment Recordal of Assignment 270 300 570
  Publication in TM Journal 200 100 300
Recordal of  License Recordal of License 280 250 580
  Publication in TM Journal 270 150 420
Recordal of Merger Recordal of Merger 270 300 570
  Publication in TM Journal 200 150 350
Recordal of Change of Name Recordal application 270 300 570
Recordal of Change of Address Recordal application 270 300 570
Recordal of Change of Name & Address Recordal application 540 450 990
Recordal of  Amendment Filing an Amendment 270 300 570
  Publication in TM Journal 270 150 420
Miscellaneous Late Filing of Document 0 50 50
  Arabic Translation of supporting documents (per page) 0 60 -
  Obtaining certified copy of registration certificate 270 120 390
  Preparing black and white prints 10 30 40
  Filing an argument with TMO   400 400
  Filing an appeal with the Board of Grievances   1300 1300
  Attending each hearing session at the Board of Grievances   800 800
  Preparing and filing of an opposition with the
Board of Grievances
  1300 1300
  Preparing and filing of a counterstatement with the
Board of Grievances
  1300 1300
  Attending each hearing session at the Board of Grievances   800 800
  Claiming priority 0 100 100

Service

Requirements

New Trademark Applications Full name and address of the applicant
  Full description of goods or services to be covered by the application.
  Meaning of the mark, if any.
  Location of enterprise/ project
  Specimen of the mark.
  Certified copy of foreign application, if priority is claimed
  Power of Attorney, legalized up to Saudi Arabian Consulate of the applicant’s country. Please note that ONE legalized Power of Attorney will be sufficient for filing all present and future trademark or applications in the name of the same client.
Renewal Full name and address of the applicant.
  Full description of goods and services.
  A copy of registration certificate.
  Power of Attorney, in our favor from the client. This document MUST be legalized up to the Consulate of Saudi Arabia in the applicant’s home country. Please note that ONE legalized Power of Attorney will be sufficient for filing all present and future trademark or renewal applications in the name of the same client.
 
RECORDAL OF ASSIGNMENT A Power of Attorney from the ASSIGNEE (the new owner of the trademark), legalized up to the Saudi Arabia Consulate.
  An Assignment Agreement, also legalized up to the Saudi Arabia Consulate.
  Saudi Arabia Certificate of Registrations of the trademarks involved.
  Prints of the trademarks (in the case of logo or color trademarks)
RECORDAL OF CHANGE OF NAME AND ADDRESS A Certificate of Change of Name and Address, duly legalized up to the Saudi Arabia Consulate.
  A Power of Attorney, reflecting the new name and address, also legalized up to Saudi Arabia Consulate.
  Saudi Arabia Certificate of Registrations of the trademarks involved.
  Prints of the trademarks (in the case of logo or color trademarks)
RECORDAL OF CHANGE OF NAME  A Certificate of Change of Name, duly legalized up to the Saudi Arabia  Consulate.
  A Power of Attorney, reflecting the new name and address, also legalized up to Saudi Arabia Consulate.
  Photocopies of the Saudi Arabia Certificate of Registrations of the trademarks involved.
  Prints of the trademarks (in the case of logo or color trademarks)
RECORDAL OF CHANGE OF ADDRESS A Certificate of Change of Address, duly legalized up to the Saudi Arabia Consulate.
  A Power of Attorney, reflecting the new name and address, also legalized up to Saudi Arabia Consulate.
  Saudi Arabia Certificate of Registrations of the trademarks involved.
  Prints of the trademarks (in the case of logo or color trademarks)
RECORDAL OF LICENSE A trademark License Agreement, legalized up to the Saudi Arabia Consulate.
  A Power of Attorney in the name of the licensee duly legalized up to the Consulate of the Saudi Arabia
  Registration certificate of the trademark covered by the license and sub-license.
 
Q1) Does Saudi Arabia follow a single-class or a multi-class system for filing trademark applications?
A1) Saudi Arabia follows a single-class application system under which a separate application must be  filed for each class of goods or services.
 
Q2) Is Saudi Arabia a member in Paris Convention?
A2) Yes.
 
Q3) Are the official fees affected by the number of classes in the event of several applications for the same trademark?
A3) No. The same official fees apply for each class.
 
Q4) Does your firm allow discounts for several applications filed at the same time.
A4) Yes. The rate of discount depends on the number of the classes/applications involved.
 
Q5) What information and documents are needed for filing trademark applications?
A5) Please refer to the filing requirements appearing in Saudi Arabia pages of this website.
 
Q6) Is there any grace period for filing the legalized Power of Attorney later?
A6) No, it is compulsory to file the legalized POA along with the application.
 
Q7) Is Nice Classification adopted in Saudi Arabia?
A7) Yes.
 
Q8) Are all classes and products/services provided for in Nice Classification allowed in Saudi Arabia?
A8) The only restriction is in respect of alcoholic drinks in class 33 and 32 and retail and wholesale store services in classes 35 and 42.
 
Q9) Is registration of series and certification marks allowed under Saudi Arabia Law?
A9) Yes.
 
Q10) Is registration of three dimensional marks possible?
A10) No.
 
Q11) Would a single trademark registration be valid and enforceable in all Saudi Arabia?
A11) Yes.
 
Q12) What is the period allowed for filing an opposition?
A12) 90 days from the date of publication in Official gazette.
 
Q13) What is the period allowed for filing a cancellation action based on non-use or unlawful registration of a trademark?
A13) 5 years from registration date.
 
Q14) Are well known marks protected in Saudi Arabia?
A14) Yes.
 
Q15) What is the duration of validity of a trademark registration?
A15) 10 years to be counted from the application date.
 
Q16) Is it possible to assign trademark applications?
A16) No.
 
Q17) Is it possible to assign registered trademarks?
A17) Yes.
 
Q18) Is it possible to license a registered trademark?
A18) Yes.
 
Q19) Would use under a trademark license satisfies use requirement and protect a trademark registration against cancellation actions based on non-use?
A19) Yes, provided that a trademark license agreement has been duly recorded in respect of the trademark registration.
 
Q20) Is there any grace period for renewal of a trademark registration after the expiry of the registration?
A20) Yes. A grace period of 6 months is allowed.
 
Q21) Is it possible to file criminal proceedings for an infringement of an un-registered trademark?
A21) Yes. However, a civil suit based on unfair competition and other general law provisions may also be brought.
 
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