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The Law Firm Of Hazim Almadani

Trademark Registration in Saudi Arabia

A trademark is a brand’s signature. It can be any symbol, logo, icon, word, phrase, design, or a combination of the 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 which is adopted Saudi Arabia. Each class represents a certain type of product or service by which there are 34 classes for goods and 11 classes for services. Classification of products and services is important to create a guideline for each product and service to be followed and protects your trademark from possible future infringement.

Contact US

Info@almadanilaw.com

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 unprecedented new service of Trademark Electronic Registration, which was launched by the Saudi Ministry of Commerce to Granting the competence to register a trademark to the Saudi Authority for Intellectual Property to complete the process of the competent registration office in the Ministry of Commerce, trademarks may now be registered remotely without using any paperwork

The main steps of the registration process

Pre-filing trademark research

In order to register a trademark, it must 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 research is complete, and no similar trademarks are found, an application to register the trademark is submitted to the competent department in the Saudi Authority for Intellectual Property (SAIP) Ministry of Commerce online for a fee, by which the auditor reviews the documents and ensures their validity, the validity of their data and priority files if availableny. It is also important to note that a power of attorney document must be presented along with 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 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.

Who Can File a Trademark?

A trademark can be registered by an individual or a business entity by applying with Saudi Authority for intellectual property (SAIP) in the Ministry of Commerce. Any natural or legal person who is a national of a Gulf Cooperation Council (GCC) state and an owner of a factory or a product, a crafts man or trader, or owner of a private service project, foreigners residing in any of the GCC states and who is licensed to engage in any activities relating to trade, industry, craft or service, or foreigners who are nationals of a country which is a member of an the international multilateral treaty that a state of the GCC countries is a party to or persons residing in that country, and public agency can register a trade mark.

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 like yours, ultimately causing confusion in the market between your product/service and theirs.

Why should you register your trademark?

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 especially 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 trademark, the three most important ones ardistinctiveness, commerce, and non-deceptiveness.

  • a trademark must be distinctive and unique in nature to help separate it from other products/services of the same class. Vague or generic trademarks usually fail to get the approval of registration and cannot be protected from infringement.
  • It must be used for commercial purposes to be eligible for registration.
  • A trademark cannot be deceptive in any way to not look like another brand to avoid infringement.

Trademark terms and conditions

The trademark should be distinguishing

The trademark should be characterized with seriousness

The trademark should be legitimate

Trademark registration service that we provide with its governmental fees

1- Trademark registration

Publication fee (for Saudis)

1000 SAR

Tuition fees

1725 SAR

Publication fee (non-Saudis)

3450 SAR

General registration and certificate issuance fees

5000 SAR

2-Diacritics mark registration:

Publication fee (for Saudis)

1000 SAR

Tuition fees

1725 SAR

Publication fee (non-Saudis)

3450 SAR

General registration and certificate issuance fees

5000 SAR

3-Collective trademark registration:

Publication fee (for Saudis)

2000 SAR

Tuition fees

1725 SAR

Publication fee (non-Saudis)

3450 SAR

General registration and certificate issuance fees

5000 SAR

4-Trademark renewal:

Transfer fees

1000 SAR

Publication fees

1725 SAR

5-Transfer of trademark ownership:

Renewal fee (if the renewal is within 6 months of the protection expiry date)

5000 SAR

Publication fee (for Saudis)

6500 SAR

Renewal fee (if the renewal is during the last year of protection)

1725 SAR

Publication fees (for foreigners)

3450 SAR

6-Amending the trademark information (the owner’s name or the trademark title or both services):

Amending fees

1000 SAR

Publication fees

1725 SAR

7- Application for trademark license:

Licensing fees

2000 SAR

Publication fees

2300 SAR

8- Revocation of trademark license:

Revocation fees

2000 SAR

Publication fees

2300 SAR

9-Cancellation of a trademark or product:

Fees for canceling the mark or for canceling some goods and services

200 SAR

Publication fees

3450 SAR

Publication fees canceling some goods and services

1500 SAR

10- Trademark mortgage:

Mortgage fees

1000 SAR

Publication fees

3450 SAR

11- Trademark dismortgage:

Mortgage releasing fees

500 SAR

Publication fees

3450 SAR

12-Request a true copy of trademark registration certificate:

Trademark transcript or any other document

200 SAR

true copy

1000 SAR

13- Objection to trademark acceptance:

Objection fees

2000 SAR

Hearing session fees

1000 SAR

14- Grievance on trademark:

fees

1000 SAR

15-Tradmark search:

fees

1000 SAR

16- Trademark filing certificate:

fees

500 SAR

17- Trademark form modification:

fees

1000 SAR

Publication fees

1725 SAR

18- Trademark limitation:

fees

200 SAR

Publication fees

1575 SAR

19-Request to implement a final court ruling for trademarks:

No governmental fees applicable

20-Trademark violation Grievance:

We are specialized in filing trademark infringement grievance before (SAIP)or even before the Board of grievance, against committing any of the crimes that are considered trademark infringement such as forgery, imitation, use of a trademark owned by others, or use of an unregistered trademark and obtain an enforceable final judgment.

No governmental fees applicable

Got a Question?

FAQ

-Natural or legal persons with Saudi nationality.


– Foreigners who usually reside in the Kingdom of Saudi Arabia and are authorized to engage in a commercial or craft business.


– Foreigners who belong to a country that treats the Kingdom reciprocally.


-Persons belonging to a country that is a member of a multilateral international agreement to which the Kingdom is a party or residing in that country.


– public interest.

– Pay 1000 riyals To examine and follow up the application within 7 working days of the submission of the trademark.


– The trademark is published after the application is accepted for a period of 60 days (after payment of the publication fee of 1575 riyals  for Saudis) and (3450 for non-Saudis).


– After the publication period ends without any objection, a final invoice will be issued with a final registration fee of 5,000 riyals, which must be paid within 30 days from the date of the invoice issuance.


– The trademark is renewed after ten years, after payment of the renewal fee.

– Right to modify and renew.
– Right to Ownership of the trademark.

– In case a person commits the crime of forgery of a trademark with the aim of misleading the public, or if he uses a mark that is not his property, he shall be punished by imprisonment for a period of no less than one month and no more than three years, and a fine of no less than five thousand riyals and not more than one million Saudi riyals.


– In case that any person sells goods bearing a forged trademark, he shall be punished by imprisonment for a period of no less than one month and no more than a year, and a fine of no less than one thousand riyals and not more than one hundred thousand Saudi riyals.


– In case that the person commits violations again, the penalty shall be increased and not more than double the maximum penalty, in addition to closing the shop or project for a period of no less than fifteen days and not more than six months.