Saudi Arabia

Overview & Legal Framework

Saudi Arabia is a member of the Paris Convention for the Protection of Industrial Property and follows the Nice International Classification of Goods and Services. Trademarks covering alcoholic products are not registrable, nor are marks for wholesale and retail services. A separate application must be filed for each class of goods or services.

Examination & Appeals

Once filed, an application is examined for registrability in light of prior marks, the classes covered, and general registrability. If the Registrar objects to aspects of the mark during examination, or formally refuses the application, an appeal against the refusal may be lodged with the Grievance Committee within 60 days of notification, and the Minister's decision may be further appealed to the Board of Grievances (court of first instance).

Protection & Renewal

A trademark or service mark is protected for 10 Hijri years from the filing date (approximately 9 years and 8 months in the Gregorian calendar), renewable for like periods. Under the trademark law, a six-Hijri-month grace period from expiry is granted for late renewal against a fine, provided a renewal application is filed during the final year of protection. A fresh application may be filed to re-register a cancelled trademark or service mark.

Assignments & Recordals

An assignment may be recorded once the mark is registered in the Kingdom. Unless recorded in the Register, an assignment has no effect against third parties. The Registrar does not require the assignment to be accompanied by a transfer of the business using the mark, nor consider the consideration paid. The owner must record any change in the owner's name and/or address.

Use Requirement

Use is not a condition for filing or maintaining a registration in Saudi Arabia. However, the mark becomes vulnerable to cancellation by any interested party who proves to the court that it has not been used for five consecutive years, unless the owner presents an acceptable justification for non-use.

Enforcement

The following are offences punishable by law: unauthorised use of a registered mark; imitation of a mark and its application to goods or use for services in the same class; sale, possession with intent to sell, or offering for sale of goods bearing a forged mark; and use of a duly registered mark belonging to another for unauthorised promotion of goods or services in the same class.