Best 8 Steps of Trademark Registration in Saudi Arabia​

Trademark Registration in Saudi Arabia​ is an essential step to ensure your brand is legally protected and protected from infringement or imitation that could affect its reputation in the market. This procedure is one of the most important steps to take when launching any business in the Kingdom, as it contributes to strengthening your commercial rights and supporting the distinction of your products in the market.

In this article, we will discuss all the steps necessary to register a trademark in Saudi Arabia, including legal requirements, fees, and the types of trademarks permitted for registration.

Trademark Registration in Saudi Arabia​

Trademark registration in Saudi Arabia​ is not just a formal procedure, it’s a vital step to ensure the legal integrity of your business and protect it from any infringement or imitation that could threaten your brand. Taking the initiative to register your trademark is one of the most important actions you should take when launching your business. In the following section, we will walk you through all the necessary steps to successfully complete the registration process.

• Access the Saudi Authority for Intellectual Property (SAIP) platform, the official entity responsible for trademark registration and all intellectual property rights in the Kingdom, including patents and industrial designs.
• Fill in the required information in the online application form.
• Pay the application submission fee electronically.
• The application is reviewed within a maximum of 7 working days from the date of submission.
• If the application is approved, it proceeds to the publication phase.
• The trademark is published in the official gazette one week after approval.
• The publication period lasts for 60 days, during which objections can be submitted.
• If no objections are received during the publication period:
  • You must pay the trademark protection fee.
  • You can then download and print the registration certificate electronically without needing to visit any branch.

Read More: Etqan Law Firm Assist with Trademark Infringement in SA

What Are the Types of Trademarks in Saudi Arabia?

According to the Commercial Law in the Kingdom of Saudi Arabia, trademarks are categorized into two main types, each serving a distinct purpose and use:

1. Collective Trademark

This type is used to distinguish products or services offered by members of a specific group or entity, such as a legally recognized company or organization. The collective trademark is granted to members of the group and serves as a symbol of trust and consistency in quality, indicating that the products or services originate from a unified and credible source.

2. Temporary Trademark

The temporary trademark is used for showcasing a product or service during special events, such as international or local exhibitions. It is typically valid for a limited duration not exceeding six months. Traders have the flexibility to choose the type and form of the trademark, provided it complies with the laws and regulations of the Kingdom.

Check out: Electronic Real Estate Brokers License in Saudi Arabi

What Are the Conditions for Trademark Registration Under Saudi Law?

To properly register a trademark in accordance with the laws and regulations of the Kingdom of Saudi Arabia, a number of essential conditions must be met, as outlined below:

1. Distinctiveness

The trademark must possess a unique and distinguishing character that sets it apart from other registered marks. This distinctiveness can be expressed through an image, name, logo, sound, or even a color provided it is not duplicated or likely to cause confusion among consumers.

2. Novelty and Prior Non-Use

The trademark must exhibit novelty, meaning it has not been previously used or registered by another party for the same category of goods or services. This requirement is understood in a relative sense relative to existing trademarks in the same context or industry.

3. Legality and Compliance with Public Order

The trademark must be legitimate, meaning it should not include any content that violates public order, morals, or the laws in force in the Kingdom. It must also not contain anything offensive to Islamic principles or national and religious symbols.

Trademark Registration Cost in Saudi Arabia​

Trademark registration in Saudi Arabia​ is not free of charge; rather, it involves a set of government fees that applicants must pay. This is due to the significant role a trademark plays in marketing products and services, distinguishing them in the marketplace, and associating them with a recognized commercial identity. Because of this importance, the registration process is subject to strict procedures and requires payment to ensure seriousness and legal protection.

The Saudi legal framework outlines the trademark registration fees as follows:

• Application examination fee: SAR 1,000
• Trademark publication fee:
  • For Saudi citizens: SAR 1,500
  • For non-Saudis: SAR 3,000, in addition to VAT
• Trademark certificate issuance fee: SAR 5,000
  • The certificate is valid for ten years and is renewable.

Cases Where Trademark Registration in Saudi Arabia​ Is Not Allowed

The Saudi law outlines several situations where trademark registration is prohibited. These cases can be summarized as follows:

• Non-distinctive trademarks: A trademark cannot be registered if it lacks distinctive characteristics and does not set itself apart from other trademarks.
• Trademarks violating religion or sacred symbols: It is prohibited to register any trademark that violates religious beliefs or resembles religious symbols or sacred entities, either directly or indirectly.
• Trademarks that offend public morals or order: Trademarks that violate public morals or the public order of the Kingdom of Saudi Arabia cannot be registered.
• Trademarks similar to Saudi national symbols: Any trademark resembling the national symbols of Saudi Arabia, such as flags or official emblems, cannot be registered.
• Using another person’s image without consent: A trademark cannot be registered if it contains the image of another person or their intellectual property without explicit consent.
• Resembling humanitarian or medical symbols: It is forbidden to register trademarks that resemble the symbols of the Red Cross, Red Crescent, or any similar humanitarian organizations.
• Trademarks resembling globally famous marks: A trademark that resembles an internationally famous trademark, whether in Saudi Arabia or globally, cannot be registered, as it would be considered imitation.
• Official national emblems: No trademark registration is allowed for official symbols related to the Kingdom, such as the national flag or other official emblems.

Check Out: Register Your Trademark with the Saudi Authority for Intellectual Property

In general, Trademark registration in Saudi Arabia​ remains essential if you want your business to operate legally and protect your brand from imitation. Additionally, registration enhances the reputation of your products or services in the market, making them more recognizable and trusted by the public.

Conclusion

Trademark registration in Saudi Arabia is an essential step in protecting your commercial rights and ensuring your brand’s distinction in the market. Although the registration process requires some fees, this step adds value to your products or services and increases customer confidence. If you need legal assistance to ensure the registration process is completed correctly, Etqan Law Firm is ready to provide the necessary support and guidance.

The Etqan Al Mutamayza Law Firm is ready to provide the essential support you need. You can reach their team at the following mobile numbers: +96656113776, +966541110440, +966504315333.

Additionally, feel free to visit our branches located at:

• Jeddah: Al-Aziziyah District, Mohammed bin Abdulaziz Street (Tahlia)
• Riyadh: King Abdulaziz Street, across from the Kingdom Tower
• Dammam: Al-Ashri’a Street, Al-Badeea, Dammam 32415.

FAQ