Saudi Arabia

FAQ


In normal cases, it will take about 4-7 working days.


Alcoholic goods in classes 32 and 33 and “retail and wholesale store services” in classes 35 and 42.


The Trademark Office will not allow the registration of the same mark in the same class by a different party, even if the goods (falling within the same class) are different. In that sense, wider protection can be afforded to all goods in that class. But in case of infringement or other disputes, the protection shall be confined to the specified goods.


Yes, and the required documents are:
- Separate power of attorneys executed by the applicants duly notarized and legalized up to the Saudi Arabian Consulate.
- A partnership agreement (duly notarized and legalized up to the Saudi Arabian Consulate) between the applicants stating who will be the beneficial owner of the trademark in case of dispute is to be submitted.


No, a separate application is to be filed for each class of goods/services.


Saudi Arabia is not a member of any international convention; however, claiming priority based on reciprocity is possible.


The duration for a trademark or a service mark registration is 10 years from the filing date according to the Hijri (Islamic) calendar (equivalent to approximately 9 years and 8 months) and the registration is renewable for similar periods of 10 Hijri years.


A trademark that is not renewed shall be canceled from the trademark registry. The system will not allow the registration of the same trademark for the same products or services or for similar products or services for the benefit of other parties until three years from the date of cancellation.


The documents, which are referring to the details of corrections, such as the corrected power of attorney, an amended form of trademark, etc.


The use of trademarks is not compulsory in Saudi Arabia for filing applications to obtain registration or for maintaining registrations in force. However, a trademark becomes vulnerable to cancellation by any interested party who can establish that the trademark was not actually used for a period of five years in succession unless the owner of the mark presents a reasonable excuse to justify the non-use of the mark.


Yes, but it is not possible against pending applications.


The recordal of a license agreement is not compulsory, but in order to be effective against third parties and to satisfy the user requirements, it is recommended to record the license agreement at the Trademark Office.

Moreover, the use of a trademark by the licensee will be considered as a use by the owner and it will help the owner when filing a cancellation action by any interested party and for proceeding before the courts.


Yes. Any nominal consideration (say $. 10.00) may be indicated as the monetary consideration in the deed of assignment. No tax is levied depending on the value of the consideration.


A trademark application may be opposed upon publication in the Official Gazette. The opposition period is sixty days starting from the date of publication. No extension of time is allowed for filing the opposition statement.


Although the Saudi Trademarks Law clearly expressed that marks relating to sounds or scents may be deemed trademarks, the registration for such marks is still infrequent at the Saudi Authority for Intellectual Property (SAIP).


According to the Saudi Trademarks Law, the registration of marks containing geographical names and indications is not possible, if using the same would cause confusion in terms of the source or origin of goods or services.


A slogan may be registered in Saudi Arabia if it is sufficiently distinctive. 


Yes, the use of the trademark on one item is sufficient to maintain the protection for all the goods covered by the registration.


The Saudi Trademarks Law is silent in respect of how the use of a trademark should be carried out. In practice, this will depend on whether the trademark is associated with goods or services. For trademarks in association with goods, they must appear on the goods themselves, or on the packaging, tags, or other forms of labels applied to the goods, at the time of sale of the goods in the normal course of trade; the advertisement of the goods is insufficient to constitute use of such trademarks. For trademarks in association with services, they are deemed to be used if they are used or displayed in the performance or the advertising of the services.


Avoid descriptive and generic words – Avoid words undermining public decency or public policy - Avoid words or symbols of religious nature - Avoid words that will cause consumers to be confused with another trademark - Avoid surnames - Avoid hard-to-spell names - Don’t pick a name that could be limiting as your business grows – Choose marks that are easily remembered.


The symbol TM stands for trademark and is usually used in connection with an unregistered mark. The owner may use the TM symbol regardless of whether an application for registration has been filed or whether the trademark is registered.  The symbol SM stands for service mark; it functions similarly to the TM symbol, but it is used in connection with a service. The symbol ® is a notice of registered trademark ownership; it is used to advise the public that a trademark or service mark is registered, providing notice of the legal ownership status of the mark with which it is used. The ® symbol should be used only in connection with registered trademarks or service marks.

The Saudi Trademarks Law is silent in respect of the use of the above symbols. However, the ® may be used only after the registration of the mark is granted in Saudi Arabia, while the use of ® with an unregistered mark would be considered a civil offense.

Head Office

Bldg. No. 46, Abdel Rahim Al-Waked Street, Shmeisani
P.O. Box: 921100, Amman 11192, Jordan
Telephone: (00 962-6) 5100 900
Email : agip@agip.com

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