Trademarks Registration and Operations

Saudi Arabia’s current Trademark Law is enacted by Royal Decree No. M/21 dated 28/05/1404 H, corresponding to 6 August 2002.  The Law repealed the old Trademark Law of 1984 and its Implementing Regulations.

Saudi Arabia is a member of the Paris Convention for the Protection of Industrial Property. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is adopted in Saudi Arabia. However, trademarks 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.

A trademark Application is filed electronically at the official website of the Ministry of Commerce and Industry (MOCI), and the official fees shall be paid simultaneously.  Once a trademark or a service mark application is filed, it is examined as to its availability, registrability and coverage. If the 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 Registrar’s request. Once the application is formally rejected, an appeal against the rejection can be filed before the Office of the Minister of Commerce and Industry within 60 days from the date of the notification of the rejection. The Minister’s decision may be appealed before the Board of Grievances (Court of First Instance). The trademark or service mark applications accepted for registration are published in the official Website of the MOCI, for third party opposition within 90 days from the date of publication.

Once registered, a trademark or a service mark is afforded a protection period of ten (10) Hejira years as from the Filing Date.  Ten Hejira years is equivalent to approximately nine years and eight months of the Gregorian calendar.  An application for the renewal of the mark can be submitted to the Trademark Office at any time within the last year of its protection period.  A grace period of six (6) months after expiration of validity is allowed for late renewals subject to the payment of corresponding penalties.

Licensing of trademarks is expressly provided for in the Law.  Licensing is allowed for all or part of the products or services covered.  License is not opposable to third parties except after publication, and recordation in the Trademark Register.  Trademarks can be assigned or transferred independently of the enterprise.

The ownership of a mark cannot be contested if the owner uses it continuously for at least 2 years from the date of registration.  Failing to use a registered mark or to cause it to be used for 5 consecutive years entails cancellation of the registration.  Proof or prior use is not required for obtaining a new registration or for effecting renewal.

The Board of Grievances (Court of First Instance) is empowered with jurisdiction over all civil and criminal cases arising from trademark registrations and infringements. This high jurisdiction enhances the value and effectiveness of a trademark registration in Saudi Arabia.

A consularized Power of Attorney is the minimum document required for filing.  One duly executed General Power is sufficient for continuous applications on behalf of the same applicant.

A copy of our suitable Power form and our applicable fees will be provided upon demand.  All and any inquiries regarding trademark procedure and practice in Saudi Arabia will be addressed upon receipt of your instructions/questions.