Trademark-Countries

Trademarks must contain the following essential requirements to be registrable in Saudi Arab:

• Distinctiveness
• Non-descriptive of the goods and / or services
• Not be a well known term in the line of business, trade channels of the applicant
• Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.

Applicants should bear in mind that the following will not be registrable as Trademarks in Saudi Arab:

1. Marks not distinctive.
2. Marks that are mere descriptions of the goods, products that they represent or familiar drawings and ordinary pictures of goods and products.
3. Marks and Signs contravening morality, public order and law o f the land.
4. Marks which are identical or similar to religious symbols.
5. Marks misleading the public as to the origin or the source of the products or services or their characteristics.
6. Marks that are considered imitations / copies/ translations of famous and well known marks.
7. Marks that are similar / identical to registered and pending marks.
8. Marks identical /similar to or containing elements resembling maps, emblems, flags, signs, seals and official insignia of national and international organisations.

TrademarkCopia through its associate Law Firms and Lawyers in Saudi Arabia is at hand to help you with trademark registration and prosecution.

It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

A search is useful in determining the following:

1. Conflict with existing trademarks.
2. Confirm validity of the proposed trademark.
3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Trademarks Office of Saudi Arabia.

Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Saudi Arab.

Filing is done with the Trademark office of Saudi Arab.

Applicant has to furnish the following documentation for filing:

1. Name of the applicant
2. Logo (if any) in B/W or Colour
3. Address along with nationality of the Applicant
4. Classes in which Registration is sought.
5. Power of Attorney (POA)
6. Priority details if any.
7. Details regarding Goods and Services for which registration sought
   (Goods and Services classified as per NICE classification)
   (Saudi Arabia is not member of NICE Agreement, Though Follow NICE Agreement)

TRADEMARKCOPIA’S Attorneys will assist you with:

• Filings
• Infringement & Opposition Actions
• Renewals
• License and Assignment procedures
• Trademark Watch Services

Once the trademark is lodged at the registry, it is examined for registrability. Applications are then published in the official gazette.

Post publication, interested parties may file opposition within three months from the date of publication.

In the absence of opposition, the published trademark is registered and the certificate of registration issued.

TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Saudi Arabia can comprehensively assist you with trademark opposition and prosecution.

Once the trademark application is in compliance with all the relevant requirements and does not encounter any opposition post publication, the trademark is registered and the certificate of registration issued.

Trademark registration in Saudi Arabia is valid for 10 years from the date of application (10 years as per Islamic Year) after which it can be renewed for another 10 years.

Rights of Trademark Owners: Trademarks may be:

1. Transferred in whole or in part
2. Inherited
3. Assigned and licensed.
4. Mortgaged and creditors may seize such trademarks belonging to their debtors.
5. Licensed to natural or legal persons
6. Prevented from unauthorized usage by third parties
7. The subject of appropriate redressal from a court of law upon infringement

Usage before filing an application for registration is not a pre-requisite.

However, non-use continuously for 5 yrs. post registration would make the mark vulnerable for cancellation.

Please write mail for the cost of registration of trademark in Saudi Arabia to the mail address given below:

contact@trademarkcopia.com