Saudi Arabia Trademark Registration

Saudi Arabia Flag

Saudi Arabia trademark registration, must be made to the Trademarks Office of the Ministry of Commerce and Industry. Saudi Arabia is one of the member in Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services (Nice Classification) for the Purposes of the Registration of Marks under the Nice Agreement is followed in Saudi Arabia. For the trademarks which is covering alcoholic goods are not registrable as well as retail and wholesale services. A separate application should be filed with respect to each class of goods or services. Trademarks are governed by the Trademarks Regulation, Royal Decree No. M/21 of 28th Jumada Awal 1423 Hejra corresponding to 8th August 2002 Gregorian, and its Implementing Rules of the same year.

 

Saudi Arabia Trademark Application

Applications for registration must be made to the Trademarks Office of the Ministry of Commerce and Industry which applies the ‘Nice Classification’ in accordance with the Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 1957.  Below are the procedure of Saudi Arabia Trademark Application.

 

Examination

Once a trademark or a service mark application is filed, it is examined as to its availability, registrability and coverage. If the Saudi Arabia Registrar objects in writing to certain aspects of the mark in the course of examination, such as the scope of goods or services or asks for the modification of the mark, a grace period of 3 months is given to the applicant to comply with the Saudi Arabia Registrar’s request. Once the application is formally rejected, a complaint against the rejection can be filed before the Minister of Commerce, within 60 days from the date of the notification of the rejection. The Minister’s decision may be appealed before the Board of Grievances (First Instance Court). The trademark or service mark applications accepted for trademark registration are published in the Official Gazette of Saudi Arabia.

 

Publication

Publication is an invitation to any interested party to oppose the registration of trademarks or service marks conflicting with their interests. There is a 3-month period open for filing opposition by any interested party. An opposition to the registration of a trademark or service mark should be filed within the term of the opposition period, i.e., 90 days from the date of publication of the notice in the Official Gazette. The case should be filed before the Board of Grievances (First Instance Court).

 

The duration of a trademark or a service mark registration is 10 years from the filing date. The registration is renewable for similar periods of 10 years each. According to the provisions of the new trademark law, a grace period of 6 months with a lateness fine is allowed for filing a renewal application after the expiration of the protection period.

 

Registration

When the Saudi Arabia trademark registration is completed, the owner of the mark shall be given a certificate containing the details specified by the rules for implementation and in particular.

1. The serial number of the mark's registration.

2. The date of filing the registration application and dates of registration and priority, if any,

3. The commercial name or the name of the mark owner, his place of residence and nationality

4. A photo of the mark, and

5. Details of products or services and their categories for which the mark is registered.

 

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