SAUDI ARABIA - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 Hijri years (approximately 9 years and 8 months) from filing date and are renewable for like periods. There is a grace period of 6 lunar months for late renewals with payment of a surcharge.

Classification:

The International Classification of Goods and Services (10th Edition) is followed. However, class 33, alcoholic goods in class 32, pork meat in class 29, and Christmas trees and related products in class 28 cannot be registered in Saudi Arabia. A separate application is required for each class.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for registrations only.

License:

License recordation is not compulsory to be effective against third parties and May be recorded for registrations only.

Merger:

May be recorded for registered marks.

Change of Name/Address:

May be recorded for registered marks.

Time Frame:

Conducting search is between 3 to 5 working days, Registration/Renewal process is within 04 to 09 months and Recordation process within 02 to 04 months.

Filing Requirements:

  • Power of Attorney duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • A priority document if priority is to be claimed.

Renewal:

  • Power of Attorney duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Original Saudi certificate of registration for endorsement purposes.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Deed of assignment signed by both parties duly legalized as above.
  • Original Saudi certificate of registration for endorsement purposes.

License:

  • Power of Attorney signed by the licensee duly legalized up to Saudi Arabia consulate.
  • License agreement duly legalized as above.
  • Original Saudi certificate of registration for endorsement purposes.

Merger:

  • Power of Attorney signed by the licensee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of merger duly legalized as above.
  • Original Saudi certificate of registration for endorsement purposes.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Saudi consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of change of name duly legalized as above.
  • Original Saudi certificate of registration for endorsement purposes.

Protection Term:

The term of protection is 20 years from filing date.

Annuities:

Due yearly between January 1 and March 31 with a 3 - month grace period for late payment with a surcharge

Opposition:

No provisions.

Search:

Official search among granted and published patents is possible by patentee name, title, subject matter, priority/PCT number.

Examination:

As to form, novelty, inventive step and industrial applicability.

Compulsory License:

A patent has to be worked. If the patent is not being exploited by the patentee within 4 years from the date of filing or 3 years from the date of grant, then the patent will be subject to compulsory licensing under the provisions of the law.

Novelty Requirements:

Absolute novelty is required. However, disclosure of the invention without the knowledge or the consent of the applicant shall not be taken into consideration if it occurred within the 6months preceding the filing date of the patent application. Also, disclosure in an official or officially recognized national/international exhibition shall not be taken into consideration if it occurred within the 12months preceding the filing date of the patent application.

Filing Requirements:

  • Power of Attorney duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Deed of Assignment duly legalized as above; if the applicant is not the inventor.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Deed of assignment signed by both parties duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • License agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of merger signed by both parties duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Saudi consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of change of name/address duly legalized as above.

Protection Term:

10 years from filing date.

Examination:

As to form and novelty.

Annuities:

A maintenance fee is due annually on designs and is payable the first 3 months of each calendar year following the year the design application was filed. There is a 3-month grace period for late payment with a surcharge.

Applications with Multiple Figures:

Not admissible.

Filing Requirements:

  • Power of Attorney duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Deed of Assignment duly legalized as above; if the applicant is not the inventor.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Deed of assignment signed by both parties duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • License agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to Saudi Arabia consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of merger signed by both parties duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the Saudi consulate and further legalized locally at the Saudi Ministry of Foreign Affairs.
  • Certificate of change of name/address duly legalized as above.