Trademark Registration in Saudi Arabia (KSA)

As the world's largest oil producer, Saudi Arabia is a key player in the global economy. One of the benefits of doing business in the country is that it has strong trademark laws designed to protect businesses.

The Kingdom of Saudi Arabia (KSA) is also a member of the Paris Convention for the Protection of Industrial Property and the World Intellectual Property Organization (WIPO). This makes it relatively easy for businesses to register their trademarks in Saudi Arabia.

If you are doing business in Saudi Arabia or considering doing business in the country, it is important to understand the procedure, schedule, documentation, and associated fees for trademark registration. With this knowledge, you can ensure that your trademark registration runs successfully and that your intellectual property is safeguarded.

Trademark Law in Saudi Arabia

The main law regulating trademarks in Saudi Arabia is the Gulf Cooperation Council ("GCC'') Trademark Law. The GCC Trademark Law has enabling Regulations aimed at trademark registration procedures, trademark protection, and enforcement mechanisms within the Kingdom of Saudi Arabia.

The GCC Trademark Law is a harmonized law that applies to all GCC Member States, including Saudi Arabia, Kuwait, the United Arab Emirates, Qatar, Bahrain, and Oman. This law provides a consistent and comprehensive approach to trademark protection across the GCC region.

According to Saudi Arabia’s Trademark Law, a trademark is any sign that can be used to distinguish the goods or services of one person from those of another. This may include words, names, signatures, letters, numbers, shapes, colors, sounds, or any combination thereof.

To obtain trademark protection, businesses must file for registration with the competent authorities in Saudi Arabia. This is because Saudi Arabia is a first-to-file country, as opposed to a first-to-use country. And this is a big deal for businesses operating in Saudi Arabia because it allows them to secure trademark protection even if they are not the first to use the mark in the country.

What Can And Cannot Be Registered As A Trademark In Saudi Arabia?

Under the Trademarks Law, any sign that is capable of distinguishing the goods or services of one undertaking from those of other undertakings is registrable as a trademark. This includes, but is not limited to, words, names, signatures, letters, numerals, devices, labels, tickets, shapes, colors, packages, and the three-dimensional form of goods or their packaging.

Sounds and smells can also be registered as trademarks in Saudi Arabia if they are capable of being represented graphically.

Trademarks that are not registrable as trademarks in Saudi Arabia include:

• Signs that are devoid of any distinctive character such as religious symbols, flags, or national emblems;
• Marks that are identical or confusingly similar to an earlier trademark;
• Marks that are identical or confusingly similar to a well-known trademark;
• Marks that may mislead the public or include false statements on the origin or source of goods or services or their other properties as well as the marks that include a fictitious imitated or forged trade name;
• Marks that are contrary to public order or morality, etc.

Registrar of Trademarks in Saudi Arabia

With the recent establishment of the Saudi Authority for Intellectual Property (SAIP), trademark administration (including registration) has been transferred to the SAIP. The Saudi Arabia Ministry of Commerce and Investment (MoIC) used to be in charge of registering trademarks before it was transferred to the SAIP.

This change has streamlined the process and made it more efficient for those looking to register their trademark in the country. What this means for applicants (individuals and businesses alike) is that they can now expect a faster and more streamlined registration process.

Trademark Registration Process in Saudi Arabia

Registration of a trademark in Saudi Arabia is a multi-step process. The process of registering a trademark in Saudi Arabia is as follows.

1. Trademark Search
   
   It is recommended that before filing a trademark application, you conduct a search of existing trademarks to ensure that your proposed mark is available for use. A trademark search can be conducted online through the SAIP's website or with the assistance of a professional IP specialist/attorney or law firm.
   
   
2. Filing of Application
   
   Once it has been confirmed that the proposed trademark is available, the next step is to file a trademark application with the SAIP. If the applicant is not based in Saudi Arabia, then a local agent must be appointed for the service of the process.
   
   
3. Publication and Opposition Period
   
   Once the application is filed, it will be examined by the SAIP to ensure that it meets all formal requirements. If the application satisfies the formal requirements, it will then be published. So, any interested party will have a period of 60 days from the publication date to file an opposition to the registration of the trademark.
   
   
4. Grant of Registration Certificate
   
   If no objection is raised during the publication phase or the objection that is filed is unsuccessful, the SAIP will have to ensure that the trademark satisfies all the requirements for registration under Saudi law. Then, a Certificate of Registration will be issued to the applicant, which is printed through the system.