In the last issue, we talked about the important knowledge points of trademark registration in the United Arab Emirates, and in this issue, we will talk about the process and attention of trademark registration in Saudi Arabia.
The Kingdom of Saudi Arabia (Arabic: المملكة العربية السعودية), or Saudi Arabia for short, is one of the richest countries in the world, and there is a popular saying that describes Saudi Arabia: "A piece of cloth on top of your head, I am the richest in the world".
Saudi Arabia has a well-developed financial system, and the government encourages the development of the private sector, practicing free trade and low tariff policies. The Saudi government has formulated a series of related policies to protect the trademark rights of enterprises in the country. Therefore, trademark registration is a very important part of business activities in Saudi Arabia.
Saudi Arabia Trademark Features
1. Saudi Arabia is a member of the World Intellectual Property Organization (WIPO) but not a member of the Madrid Protocol;
2. The current Saudi trademark law and its articles came into effect on April 1, 1984, and the acquisition of trademark ownership is based on registration, including the registration of permitted product trademarks, service trademarks, series trademarks and collective trademarks;
3. Saudi Arabia follows the international classification of trademark registration, prohibiting the registration of trademarks for pork, bars and any products or services involving alcohol;
4. Saudi Arabia adopts the principle of first-to-file registration and can only apply for one trademark of one type, and does not support one trademark of multiple types;
Article 46 of the Trademark Law prohibits the use of trademarks that are identical or similar to trademarks already registered by others. Therefore, before registration, it is necessary to fully and strictly check whether the trademark is registered or similar to others.
Basic Requirements for Trademark Registration in Saudi Arabia
The Saudi Trademark Law adopts the principle of "voluntary registration" and does not mandate trademark registration.
According to Article 48 of the Trademark Law, an individual or a company can be the subject of a trademark application in Saudi Arabia.
Saudi Arabia Trademark Application Process
1、Saudi Trademark Search
For the applicant, the first thing to do in a trademark application is to conduct a preliminary search of the trademark to avoid dismissal of the application due to encountering similar trademarks.
Saudi Arabia trademark search is not a prerequisite for the application, and the applicant can also submit the trademark application directly without searching. However, in our experience, it is very necessary to search before registration.
Currently, the Saudi Intellectual Property Office (IPO) does not have a trademark database that is open for free searches, so there are two main ways to search for trademarks in Saudi Arabia:
(1) Appointment of a local Saudi lawyer to conduct a paid search in the official trademark database of the Saudi Arabian Intellectual Property Office (SAIP);
2) Perform paid searches in commercial databases.
Saudi Intellectual Property Office Official Trademark Database
There is an official fee for searching the official database.
Upon completion of the search, SAIP (Saudi Arabian Intellectual Property Office) will issue a search report containing the date of the search, the name of the trademark, the category, and the results of the search.
Business Database Retrieval
It is cheaper to search through commercial databases than official databases.
However, there is a lag in updating the database of commercial databases. Failure to update the database in a timely manner may result in a situation where no similar trademarks are found at the time of search and the application is rejected due to the existence of similar trademarks.
The above two types of inquiry, can only reduce but not completely eliminate the risk of trademark registration, because any database has a trademark registration data entry blind period exists, can not be 100% accurate.
2. POA
The Saudi trademark applicant needs to provide the name, address, trademark pattern, commodity items, and the original POA (Power of Attorney for Trademark Agency) certified by China Trade Promotion Council.
It takes 30-35 days to certify a POA for a Saudi trademark, but a Saudi trademark application allows you to file the application first and then submit the original certified POA.
3、Submit application for registration
Applications for registration must be submitted through a local attorney and in Arabic.
Applications should be complete and accurate and should include:
1) Registration request;
2) Trademark details;
3) Details of the applicant (name and address);
(4) Classes to which the goods and services belong;
(5) Details of the goods and services for which the trademark is to be registered.
4. Admissibility and examination
The Saudi Trademark Authority conducts inspections, data searches, analyses and comparisons, investigations and studies to determine whether or not an application for trademark registration complies with the provisions of the Trademark Law and whether or not to grant registration.
During the examination process, the Trademark Office may examine the corrections or revocations filed by the trademark applicant.
5. Public notice
After the approval of the tender, the tender will be publicized.
The period for objections to the trademarks is 60 days and the period for defending the objections is 30 days, making a total of 90 days. During this period, any third party may file an objection.
The objection time cannot be extended. After the trademark has been objected to, a hearing will be held at which the applicant may submit evidentiary documents.
If no objection is raised, the Saudi Trademark Office will issue a registration certificate upon payment of a fee by the applicant.
Saudi Arabia Trademark Registration Schedule
1、Registration time: 4-6 months;
2、Validity of registration: the trademark registration is valid for 10 years from the date of application;
3、Renewal application: The registrant should submit the renewal application within the last 12 months before the expiration of the 10-year period, and there is a six-month grace period, if the renewal is not renewed within the grace period, the trademark will be declared canceled;
Under the Saudi Trademark Law, expired trademarks may not be registered in the name of any third party for a period of three years after expiration or cancellation.
4. A trademark may be revoked by another person if it has not been effectively used within 5 years after registration.
The registration of a Saudi trademark can help enterprises to establish branding effect and expand sales, so that the goods will be more competitive and have more room for price premiums.
Green Circle Accounting Firm is a one-stop-shop for tax services in the Middle East, with special attention to Federal Tax Administration (FTA) rules and regulations, and local professional and experienced tax experts in the Middle East who can handle all kinds of complicated issues related to value-added tax and trademarks.
Please feel free to contact our sales consultants for registration of UAE or Saudi Arabia trademarks.
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