Trademark protection guide in Saudi Arabia

Saudi Arabia is making strong strides in many fields, creating a favorable environment for businesses to enter the market and increase competitiveness by registering trademarks. Saudi Arabia is the world’s leading exporter of crude oil, and is also investing heavily in renewable energy. Therefore, energy-related fields such as oil and gas extraction and processing equipment, renewable energy (such as solar energy, wind energy) and energy-saving technology have high development potential, and trademark registration can help businesses affirm their brand position and attract customers. Saudi Arabia’s tourism industry is being focused on developing with many preferential policies to attract international tourists. Therefore, tourism-related fields such as: Accommodation services (hotels, resorts), Travel services, Food and beverage services, Handicraft products can exploit market potential by registering trademarks to build a reputable brand and attract tourists. Saudi Arabia’s healthcare industry is heavily invested, with a high demand for quality medical products and services. Therefore, businesses operating in fields such as Pharmaceuticals, Medical Devices, and Medical Services can register trademarks to protect their creativity and affirm their brand reputation in the market. Viet An Law would like to guide customers through the preliminary procedures for trademark registration in Saudi Arabia through the article below.

Legal Basis

• Royal Proclamation No. M/51 dated 26 Rajab 1435 H (i.e. 25 May 2014) on the approval of the Trademark Law of the GCC countries

Overview of Trademark Law of GCC Countries

GCC Trademark Law is a legal document that harmonizes the process of registration, protection and enforcement of trademark rights for Gulf Cooperation Council (GCC) member states, including:

• Bahrain
• Kuwait
• Oman
• Qatar
• Saudi Arabia
• United Arab Emirates (UAE)

This law was first enacted in 2006 and amended in 2014. The main goal of the law is to create an effective and uniform trademark protection system that promotes trade and investment in the region.

Highlights of GCC Trademark Law

• Single Registration System: Businesses only need to file one application to protect their trademarks for all GCC member states.
• Simple sign-up process: The sign-up process is designed to be easy and efficient, reducing costs and time for businesses.
• Strong Protection: The law provides comprehensive protection for trademarks, including against counterfeiting, unfair competition, and intellectual property infringement.

Benefits for businesses when registering for trademark protection through the GCC Trademark Law

• Reduced costs: Businesses only need to file one application to protect their trademarks for all GCC member states, instead of having to file multiple separate applications.
• Save time: The simple registration process saves businesses time and effort.
• Better protection: The law provides stronger protection for trademarks, helping businesses protect their trademarks from infringement.
• Larger market: Businesses can access a larger market with more than 85 million potential consumers in GCC member countries.

Definition of Trademark in Saudi Arabia

A trademark in Saudi Arabia is any unique sign used to distinguish the goods or services of a business from another.

Conditions for registering a trademark in Saudi Arabia

• Uniqueness: The trademark must be unique and capable of distinguishing your goods or services from those of others.
• Legality: The trademark must not violate any laws, public order, or ethics. It must not be deceptive or misleading.
• No Prior Rights Infringement: The trademark must not conflict with any existing registered trademark or other prior right.

Types of trademarks that can be registered in Saudi Arabia

• Letter marks: Include words, letters, or numbers used to identify goods or services.
• Visual trademarks: Logos, icons, or designs used to represent the trademark.
• Combined trademarks: Combining word marks and image marks.
• 3D trademarks: The shape of the product or its packaging that distinguishes it from other products.
• Color trademarks: A specific color or combination of colors used to identify goods or services.
• Sound trademarks: A unique sound or melody associated with a product or service.

Trademark Search in Saudi Arabia

Steps to perform a trademark search:

• Visit the website of the Saudi Intellectual Property Authority (SAIP): This is the official government agency responsible for registering trademarks in Saudi Arabia with the following website address: https://www.saip.gov.sa/en/
• Go to the Intellectual Property Information Center: Go to this section on the SAIP website.
• Use the Search function: The platform will provide customers with tools to search for trademarks based on different criteria, such as:
  • Trademark name or keyword
  • Image
  • Application number
  • Registration number

The Importance of Trademark Search

It is important to conduct a thorough trademark search before filing an application for several reasons:

• Avoid conflicts: It helps prevent conflicts with existing registered trademarks, which can lead to rejection of the applicant’s application or legal disputes.
• Informational Purpose: It can provide valuable information about similar trademarks, market trends, and potential competitors.
• Increased likelihood of successful application: A well-informed application is more likely to be approved.

Trademark Registration Dossier in Saudi Arabia

• Trademark Registration Application: The applicant completes it completely and accurately, including the following information:
  • Name and address of the applicant (individual or business)
  • Trademark type (word, logo, image, etc.)
  • A detailed description of the trademark (meaning, color, typography, etc.)
  • List of goods or services according to the Nice classification system
  • Application Fee
• Trademark Templates: Two clear and easily visible copies of the trademark printed on a white background. If the trademark is colorful, a clear note should be made.
• Identification documents:
  • A copy of the applicant’s identity card or passport (if it is an individual).
  • Business registration certificate or business license (if it is an enterprise).
• Power of attorney (if applicable): If the applicant hires an attorney or legal representative to file the application, a valid power of attorney is required.
• Additional documents (if any): If the trademark has special elements, the applicant needs to provide explanatory or illustrative documents. For example, if the trademark is a complex logo, the applicant can provide technical drawings.
• Fee payment receipt

How to file a trademark registration dossier in Saudi Arabia

To file a trademark protection application in Saudi Arabia, you can file by the following filing methods:

• Direct filing: Customers can go directly to the Saudi Arabian Intellectual Property Office (SAIP) at As Sahafah, Olaya St. 6531, 3059 Riyadh 13321 Saudi Arabia to submit the application and related documents.
• Send by Post: You can send the application and all necessary documents through the postal service or courier service to the address of the Saudi Intellectual Property Authority (SAIP) at As Sahafah, Olaya St. 6531, 3059 Riyadh 13321 Saudi Arabia.

Trademark registration services in Saudi Arabia by Viet An Law Firm

• Perform the search and notify the customer in writing of the result of the trademark search in Saudi Arabia;
• Drafting dossiers and directly filing and monitoring the status of trademark registration applications in Saudi Arabia on behalf of trademark owners;
• Notifying, advising and handling deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark registration applications in Saudi Arabia;
• Assisting in monitoring and representing the settlement of objections and feedback to the intellectual property representative carrying out procedures in Saudi Arabia.
• Receive official dispatches, certificates and hand over to customers (if any).

If you want to file a trademark registration application, please contact Viet An Law for the most effective support.