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  • ipgcc@alkalthamilaw.com

 

SAUDI ARABIA.

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GOVERNING BODY:


In Saudi Arabia, Trademark registration, enforcement and protection of its rights are handled by The Department of Trademarks under the Saudi Authority for Intellectual Property (SAIP); a government body responsible for the protection and supporting of intellectual property rights in the Kingdom.

The Saudi Authority for Intellectual Property (SAIP) was formed under the initiatives of the Trade and Investment System within the National Transformation Program 2020 for the unification of the competent authorities that have direct relation with the protection of the intellectual property rights in the Kingdom, under one umbrella.

SUMMARY:


  • Classification of Goods and Services: The 10 th Edition of Nice Classification (NCL) is strictly followed in Saudi Arabia since the Saudi Trademark Office has implemented the Online filing system.
  • Unacceptable Goods: The goods like pork meat (ham), Snuff, alcoholic goods and Christmas trees and related products in the Nice Classification are not available for registration in Saudi Arabia.
  • Opposition Period: 60 days from the publication date. Extension of the opposition period is not possible.
  • Protection Period: 10 Hijri years (Islamic calendar) from the filing date (approx. 9 years and 8 months).
  • Renewal: A registered mark is renewable for successive periods of 10 Hijri years within the last year of protection.
  • Grace Period for Renewal: A grace period of 6 Hijri months is allowed for the renewal with a lateness fine following the expiry of the registration period.
  • Use of trademarks: It is not compulsory for registration or maintaining the registration in force. However, as per Article 24 of GCC Trademark Laws, any interested party can lodge a request to cancel the mark at the court of jurisdiction if the mark has not been seriously used for (5) successive years.

DOCUMENTS REQUIRED:



TM Registration:

1. A Power of Attorney filled with the full name and address of the applicant, duly notarized and legalized up to the Saudi Consulate.
2. List of goods/services to be covered by the application strictly indicated in Nice classification 10 th Edition.
3. Soft copy of the mark if it’s figurative (should be of minimum 200x200 pixels).
4. In case of claiming priority, a certified copy of the priority application.

TM Renewal:

1. A Power of Attorney notarized and legalized up to the Saudi Consulate.
2. A copy of registration certificate for the purpose of endorsement.

Note:
After the expiration of the protection period, a grace period of 6 Hijri months with a lateness fine is allowed for filing a renewal application.
The name and address of the applicant in the PoA should be identical to the one in the old registration certificate.


Name Change or Address Change Recordal:

1. A Power of Attorney showing the new name and/or address duly notarized and legalized up to the Saudi Consulate.
2. Certificate of change of name, duly legalized up to the Saudi Consulate.
3. A copy of registration certificate for the purpose of endorsement.
Note:
For the recordal of change of address, documents 1 and 3 are only required.

Recordal of Assignment/Merger/License Agreement:

1. A Power of Attorney duly notarized andlegalized up to the Saudi Consulate.
2. A Deed of Assignment/Merger document/License agreement (which is applicable) legalized up to the Saudi Consulate.
3. A copy of registration certificate for the purpose of endorsement.