Saudi Arabia

Saudi Arabia is a member of the Paris Convention for the Protection of Industrial Property and follows the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement. Joining WIPO in 1982, the Kingdom of Saudi Arabia established the Saudi Authority for Intellectual Property (SAIP) to take the responsibility of protecting and supporting the IP rights in the Kingdom.









Trademark Information

Type of Trademarks:

Marks for goods, Service marks, Series marks, Collective marks, Quality control Marks or Sound marks.

Type of Applicant:

Company, Individual or Jointly.

Registrable Elements:

Character, Chinese characters, Three-dimensional shape, Claiming color, Claiming priority, Combination of colors or Sound.

Term of Protection:

9 Years and 8 months from filing date and renewable for 9 Years and 8 months within 12 months before expiry or 6 months after expiry with surcharge.

Priority Deadline:

6 months from the priority application filing date.

Classification:

10th Edition – Single class application, Use of class headings, Designation of retail services and Addition to class heading (Class 33, alcoholic goods in Class 32, and pork meat in Class 29 cannot be registered).

Search:

Applicable for Word marks.

Examination:

Substantive, Relative grounds and Absolute grounds

Recordation Applicability :

Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 5 days.

Registration: 5 months

-          Filing to Examination decision 1 month

-          Examination decision to Publication 1 month

-          Publication Opposition Period 2 months

-          Registration to Certificate Issuance 1 month

Renewals: 1 month.

Recordation: 2 months.

Appeal: 3 months.

Opposition: 5 months.

Declaration of Use:

Not applicable.

Consent and Disclaimers:

Not Acceptable to overcome refusal.

Cancellation Action:

Applicable for Unlawful registration Non-use for a period of 5 years from the Registration before the Courts.

Infringement Measures:

Prevention of importation of infringing goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.
• Certified copy of the priority document, if priority is claimed. 
(All the above required at the time of filing)

 

Renewal Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.. (Required at the time of filing in case we are not the agent of record)

Assignment Requirements:

• Power of attorney signed by the assignee dduly legalized up to the Saudi Arabia Consulate or Apostilled.
• Deed of assignment signed by both parties duly legalized as above or Apostilled.

License Requirements:

• Power of attorney signed by the licensee duly legalized up to the Saudi Arabia Consulate or Apostilled.
• License agreement signed by both parties duly legalized as above or Apostilled.

Merger / Mortgage Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.
• Certificate of merger / mortgage duly legalized as above or Apostilled.

Name / Address Requirements:

• Power of Attorney in the new name/address duly legalized up to the Saudi Arabia Consulate or Apostilled.
• A certificate issued by the competent authorities evidencing the changes or an affidavit proving the changes duly legalized as above or Apostilled. (Not required for Change of Address)

Appeal / Opposition Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Patent Information

Type of Patent:

Patent, Utility patent, Integrated circuits or Plant variety.

Type of Applicant:

Company, Individual or Jointly.

Validity:

Patents 20 years from the international filing date, Utility patent 10 years from the international filing date, Integrated circuits 10 years from the international filing date and Plant variety 20 years from the international filing date.

Annuities:

Paid annually between January 01 and March 31 with 3 months surcharge grace period.

PCT Based Filing:

Applicable within 18 months from the International filing date.

Revival:

Applicable within 2 months from due date

Search:

Applicable.

Examination:

Formal, Substantive

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 15 days.

Registration: 60 months

-          Filing to Preliminary Examination decision 12 months

-          Substantive Examination Payment to Decision 36 months

-          Publication Opposition Period 2 months

-          Grant to Issuance of Letters 10 months

Recordation: 2 months.

Appeal: 3 months.

Opposition: 5 months.

Cancellation Action:

Applicable for Non-use for a period of 3 years from grant before the Courts.

Infringement Measures:

Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.
• An Extract from the Commercial Register or a Certificate of Incorporation duly legalized as above or Apostilled. (Not Required for PCT)
• Deed of assignment signed by both parties duly legalized as above or Apostilled, if the applicant is not the inventor. (Not Required for PCT)
• Certified copy of the priority document, if claiming priority. (Not Required for PCT)
(All the above may be submitted within 90 days from the filing date)

 

Assignment Requirements:

• Power of attorney signed by the assignee duly legalized up to the Saudi Arabia Consulate or Apostilled.
• Deed of assignment signed by both parties duly legalized as above or Apostilled.

License Requirements:

• Power of attorney signed by the licensee duly legalized up to the Saudi Arabia Consulate or Apostilled.
• License agreement signed by both parties duly legalized as above or Apostilled.

Merger / Mortgage Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.
• Certificate of merger / mortgage duly legalized as above or Apostilled.

Name / Address Requirements:

• Power of Attorney in the new name/address duly legalized up to the Saudi Arabia Consulate or Apostilled.
• A certificate issued by the competent authorities evidencing the changes or an affidavit proving the changes duly legalized as above or Apostilled. (Not required for Change of Address)

Appeal / Opposition Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Industrial Design Information

Type of Design:

Drawings.

Type of Applicant:

Company, Individual or Jointly.

Validity:

15 years from the international filing date.

Multiple Figures:  

Applicable up to 7 figures.

Annuities:

Paid annually between January 01 and March 31 with 3 months surcharge grace period.

Search:

Not Applicable.

Examination:

Formality, Substantive and Relative grounds.

Recordation Applicability :

Applications, Registrations, Partial recordation or Termination.

Time Frames (Up To):

Search: 0 days.

Registration: 28 months.

-          Filing to Examination decision 12 months

-          Publication Opposition Period  0 months

-          Registration to Certificate Issuance 8 months

Recordation: 6 months.

Appeal: 12 months.

Opposition: 0 months.

Cancellation Action:

Applicable for Non-use for a period of 3 years from grant before the Administrative Authorities and Courts.

Infringement Measures:

Injunction, Damages, Fine and Imprisonment.

Filing Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.
• An Extract from the Commercial Register or a Certificate of Incorporation duly legalized as above or Apostilled.
• Deed of assignment signed by both parties duly legalized as above or Apostilled, if the applicant is not the inventor. 
• Certified copy of the priority document, if claiming priority. 
(All the above may be submitted within 90 days from the filing date)

Assignment Requirements:

• Power of attorney signed by the assignee duly legalized up to the Saudi Arabia Consulate or Apostilled.
• Deed of assignment signed by both parties duly legalized as above or Apostilled.

License Requirements:

• Power of attorney signed by the licensee duly legalized up to the Saudi Arabia Consulate or Apostilled.
• License agreement signed by both parties duly legalized as above or Apostilled.

Merger / Mortgage Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled.
• Certificate of merger / mortgage duly legalized as above or Apostilled.

Name / Address Requirements:

• Power of Attorney in the new name/address duly legalized up to the Saudi Arabia Consulate or Apostilled.
• A certificate issued by the competent authorities evidencing the changes or an affidavit proving the changes duly legalized as above or Apostilled. (Not required for Change of Address)

Appeal / Opposition Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries. 
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries. 
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries. 
• Extracts from bills/invoices, etc., from the year of inception of the company. 
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries. 
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.

Copy Right Information

Works Protected:

Literary works, Reference works, Computer software and databases, Artistic works Architectural Works, Geographical Maps and Technical Drawings, Engineering Plans and layouts.

Type of Applicant:

Company, Individual or Jointly.

Related Rights:

Performers, Producers of sound recordings, Broadcasting Organizations

Term of Protection:

50 years after the author’s death.

Time Frames (Up To):

Registration: 6 months.

Infringement Measures:

Imprisonment, Money compensation, Confiscation of all copies, Fine, Closing the violating establishment.

Filing Requirements:

• Power of Attorney duly legalized up to the Saudi Arabia Consulate or Apostilled. (Required at the time of filing)
• Declaration from the author to the applicant signed by both parties duly notarized and legalized as above, if the applicant is not the author.

Address :

Olaya – Alaqarieh 1, Office 412A, 11391, RIYADH, Saudi Arabia

E-mail :

[email protected]

IP Treaties

Paris Convention PCT - Patent Cooperation Treaty
Berne Convention Patent Law Treaty
WIPO Convention Marrakesh VIP Treaty