Summary
In Saudi Arabia the legal basis is the Trademark Act as per the latest amendment of 2002. The international classification of goods and services consisting of 45 classes has been adopted (exceptions: no trademark protection can be achieved for alcoholic beverages in Class 33, Christmas trees and related articles (class 28), pork meat (class 29), as well as retail services in class 35). Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. It takes approximately 12-14 months from first filing to registration. Before registration the trademark application is published in the “Um-Al Qura” (official gazette of the Government). The opposition period is 90 days from publication date of the application.
The duration of a trademark or a service mark registration is 10 years from the filing date according to the Islamic calendar (equivalent to approximately 9 years and 8 months). 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 Hegira months with a lateness fine is allowed for filing a renewal application after the expiration of the protection period. A fresh trademark application can be filed for the re-registration of a canceled trademark or service mark.
Duly note, if the trademark has not been used within 5 years from issue of the registration certificate or has not been used later for a continuous period of 5 years, it may be subject to cancellation.
Requirements
Filing applications
1. A Power of Attorney filed with the full name and address of the applicant, duly notarized and legalized up to the Saudi Consulate.
2. A list of the goods/services to be covered by the application.
3. Fifteen prints of the trademark. A trademark print should not exceed (5x5) cm.
4. In case of claiming priority, a certified copy of the priority application is to be filed within six months from the filing date of the foreign application.
Collective and Quality Mark Applications
1. A Power of Attorney filed with the full name and address of the applicant, duly notarized and legalized up to the Saudi Consulate.
2. A list of the goods/services to be covered by the application.
3. Fifteen prints of the trademark. A trademark print should not exceed (7x7) cm.
4. Two certified copies of the Articles of Association duly legalized up to the Saudi Consulate.
5. Two certified copies of the system to be adopted by the applicant in controlling or examining the products along with a statement on the conditions and requirements to be available therein and the method of using the mark thereon duly legalized up to the Saudi Consulate.
Renewal Applications
1. A Power of Attorney notarized and legalized up to the Saudi Consulate.
2. The original Saudi registration certificate of the trademark for the purpose of endorsement.
Assignment Applications
1. A Power of Attorney notarized and legalized up to the Saudi Consulate.
2. A legalized deed of assignment executed by the assignor and the assignee.
3. The original Saudi registration certificate of the trademark for the purpose of endorsement.
Merger/License Applications
1. A Power of Attorney notarized and legalized up to the Saudi Consulate.
2. A legalized certificate or merger or a copy of the license agreement.
3. The original Saudi registration certificate of the trademark for the purpose of endorsement.
Change of Name and/or Address Applications
1. A legalized Power of Attorney showing the new name and/or address.
2. A legalized certificate of change of name.
3. The original Saudi registration certificate of the trademark for the purpose of endorsement.
