Saudi Arabia, being the world's largest oil producer, is a significant player in the global economy. Being a first-to-file country, Saudi Arabia makes it crucial to register a trademark in order to protect your intellectual property rights and prevent others from using your mark.
In the Saudi Arabia, trademarks are governed by the Trademarks Regulation, Royal Decree No M/21 of 28 Jumada Awal 1423 Hejra (corresponding to 8 August 2002), and its Implementing Rules of the same year. Trademarks are also governed by the Gulf Cooperation Council Trademark law, which Saudi Arabia adopted on 27 September 2016.
The GCC Trademark Law does not create a single unified method of trademark registration for GCC countries, thus, applications for registration are still made through the Saudi government body in charge of trademark oversight, the SAIP. The SAIP applies the ‘Nice Classification’ in accordance with the Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks of 1957.
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, colours, sounds, or any combination thereof.
The Gulf Cooperation Council ("GCC'') Trademark Law is the main law regulating trademarks in Saudi Arabia. Despite the fact that many countries have adopted the Madrid Agreement and the Protocol, there are significant differences in national systems for filing and processing trademark applications, moreover, if a country is not a party to the above-mentioned agreement and the Protocol. The Kingdom of Saudi Arabia is among the states that are not parties to the above international treaties.
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.
2. Trademarks 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
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.
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.
Legacy Partners has a team of highly experienced trademark agents who are well-versed in Saudi Trademark Law. Legacy partners offer services including trademark search, trademark registration, trademark renewal etc.
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