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    Trademark Registration in Saudi Arabia

    Trademarks

    A trademark is a brand’s signature. It can be any symbol, logo, icon, word, phrase, design, or a combination of the aforementioned things which helps identify an enterprise’s products/services from other products/services. Products and services are divided into 45 classes according to the NICE (International Classification of Goods and Services) classification agreement established in 1957. Each class represents a certain type of product or service by which there are 34 classes for goods and 11 classes of services. Classification of products and services is important to create a guideline for each and every product and service to be followed, and protects your trademark from possible future infringement.

    How to register your trademark in Saudi Arabia

    Our team of experts provides you with a smooth and easy experience by simplifying the process and getting the job done without any complications, and with the new unprecedented service of Trademark Electronic Registration which was launched by the Saudi Ministry of Commerce and Investment, trademarks may now be registered remotely without needing to visit the Ministry itself and without using any paperwork.

    The main steps of the registration process:

    Pre-filing trademark search
    In order to register a trademark, it has to be unique and distinctive, and the only way to achieve that is by searching for similar trademarks in the Trademark Registry for a fee. What you thought was a new and unique idea for a trademark may turn out to be registered already by a different person or enterprise.
    Filing an application
    Once the search is complete, and no similar trademarks are found, an application to register the trademark is submitted to the competent department in the Ministry of Commerce and Investment online for a fee, by which the auditor reviews the documents and ensures their validity, the validity of their data and priority files, if any. It is also important to note that a power of attorney document must be presented along the application for registering a trademark.
    Examination
    After a trademark application is filed and submitted, the auditor transfers it to the examiner where he examines the application within 60 days in order to ensure that the trademark submitted for registration is in accordance with the trademark registration requirements and conditions in Saudi Arabia under the umbrella of the GCC trademark system.
    Publication
    Upon the approval of the examiner, the competent department publishes the registration in accordance with the relevant procedures mentioned in the executive Regulations of the trademark law in Saudi Arabia for a fee.
    Certificate of Registration
    This is the final step of the trademark registration process, by which the trademark owner receives a registration certificate which shall include the Trademark registration’s serial number, the date of the application and the date of registration, the name of the trademark owner or the name of the enterprise if it is an enterprise, the place of domicile and nationality , a copy of the trademark, the full details of the products/services of the specified trademark and the class it is registered under, as well as the effective date of the trademark protection period which is 10 years.

    Trademark Infringement

    It is when another business enterprise uses your brand name or symbol to represent its own product or service or uses a brand name or symbol that is similar to yours, ultimately causing confusion in the market between your product/service and theirs.

    Why should you register your trademark?

    Simply put, once you register your trademark, you acquire the exclusive right to your own brand by which no one else would be able to use it. This helps consumers identify your product and separate it from other products in the market by seeing your trademark, and ultimately identifying the product’s origin. Additionally, protecting your brand name is important specially when facing a rising number of infringers and counterfeiters as many will attempt to take advantage of your unregistered trademark by claiming it as their own and registering it in their name, thus leaving you in a position where you can no longer expand your business, or even use your own brand.
    When registering a trademark, one must take into consideration some important aspects that are mandatory for each and every trademark, the three most important ones are distinctiveness, commerce, and non-deceptiveness.

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