Trademark Registration in Saudi Arabia

Intellectual property rights in the Kingdom of Saudi Arabia are protected by a number of laws enacted by Royal Decree and enforced by the courts. All laws in the Kingdom are subject to the principles of Sharia. In the event of a conflict, the principles of Shari'a take precedence.

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Key legislative instruments include the Trademarks Law of the Gulf Cooperation Council States (the GCC Trademarks Law) and the Implementing Regulations of Trademarks Law, which entered into force in Saudi Arabia on 27 September 2016.

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Saudi Arabia is a party to the following international treaties:

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• The Paris Convention for the Protection of Industrial Property;
• The Agreement on Trade-Related Aspects of IntellectualProperty Rights (TRIPS).

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The country applies the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), although it is not formally a party to the Nice Agreement.

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Saudi Arabia generally uses the Hijri (Islamic) calendar for official purposes. Special attention must therefore be paid to the calculation of the term of protection and other IP-related deadlines in order to avoid missing important deadlines.

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In 2023, Saudi Arabia officially accepted joining the Madrid Protocol. This international treaty simplifies the process of obtaining trademark protection in multiple countries. However, Saudi Arabia is not currently listed as a member of the Madrid system.

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Trademark registration is valid for ten (10) years from the date of application and is renewable.

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Registration is made through the Trademark Office of the Saudi Authority for Intellectual Property (SAIP). If all requirements are met, the trademark will be published in the Official Gazette. Third parties may file an objection within 60 days of publication. Applications may be filed either by the party concerned, if domiciled in the Saudi Arabia, or by an official agent domiciled in the Saudi Arabia. Each application may cover only one mark and one class of the Nice Classification.

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The grounds for refusal of registration are based on the general requirements applicable int he region, taking into account religious considerations. Specific local rules may affect the definition of public policy in Saudi Arabia. For example, a mark that may be registrable in one country may be refused in another. Therefore, local practices and regulations should be carefully considered.

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There are certain classes under the Nice Classification for which registration is restricted in Saudi Arabia:

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• Class 33 - Alcoholic beverages;
• Class 32 - Relating to alcoholic products;
• Class 29 - Pork and pork products; and
• Class 28 - Christmas trees and related goods.

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