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Trademark registration in KSA
E-commerce
May 24, 2023

Trademark registration in Saudi Arabia

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A trademark refers to a name, symbol, or logo companies use to identify their products or services. The trademark also represents the overall image and identity of the company or product. The first definition refers to legal usage, while the second refers to promotion.

Registering and protecting your trademark can be highly beneficial. Most countries have adopted the Madrid Agreement and Protocol for registering trademarks, while others have chosen to formulate their laws.

This article will inform you about the advantages and requirements of registering a trademark in Saudi Arabia, one of the countries that has formulated its law.

Benefits of trademark registration

There are several benefits to registering your trademark, including:

  • Exclusive rights to use the trademark with your products and services.
  • Helping customers recognize your products and services.
  • Preventing others from using the same or similar trademark can confuse consumers.
  • Using it as a valuable marketing tool to create brand awareness and enhance customer loyalty.
  • Adding value to your company as it becomes an intangible asset.
  • Protecting you from infringers and counterfeiters who may seek to exploit your success.
  • The possibility to license or sell the trademark to another party.

If you wish to be set apart from your competitors, keep reading to learn how to achieve that with simple steps.

Requirements of trademark registration

Requirements for registering a trademark, according to the Saudi Authority for Intellectual Property, include the following documents:

  • Image of the trademark.
  • Translation of the trademark with an explanation of pronouncing it in foreign phrases from a certified translation office.
  • Explanation of the meaning of the Arabic word if the general public does not understand it.
  • Certificate proving the owner's match to the domain (.com) if the image contains a domain name.
  • Supporting documents for the accuracy of the mentioned date if the trademark image includes a Gregorian or Hijri date.
  • If the trademark has been previously filed within the last six months in another country, a certificate of deposit showing the filing date issued by the depositing authority, along with a copy of the previous application and its translation into Arabic, must be attached within six months from the date of filing the registration application.
  • Evidence proves the academic degree eligibility mentioned in the trademark image to be registered.
  • Approval of the owner of the name/image/title/logo shown in the trademark image to be registered.
  • Supporting documents if the name is a family name (commercial register, national ID).
  • Certificate of trademark registration if the trademark has expired and exceeded the renewal deadline, and the owner wishes to register it under a different or modified commercial register.

Once the necessary documents are completed, you can easily submit them through the Saudi Authority for Intellectual Property website.

Steps to register a Trademark in Saudi Arabia

For individuals

1. Access the website of the Saudi Authority for Intellectual Property and select the Services section. Click on the Trademarks service.

2. Login using your username and password.

3. Enter the Trademarks portal.

4. Proceed to the service platform through the Unified National Access/Email.

5. Submit a new trademark registration request (as an owner, an authorized representative, an establishment owner, or a company).

6. Fill in the required information.

7. An invoice will be issued for the trademark examination. Upon payment, the application will be received and examined.

8. After the examination, one of the following decisions will be made:

  •  Conditional acceptance with the requirement for amendments (90-day deadline). The application will be deemed abandoned if the applicant fails to make the required amendments within 90 days.
  •   Rejection with the possibility of the amendment (10-day deadline).
  •   Final rejection in either of the following cases:

     - If the amendments are not made within the specified deadline (10 days).

     - If the amendments are made by the client but do not meet the required legal conditions.

If the trademark is accepted, a publication invoice will be issued, and then it will proceed to the publication stage after the applicant has paid the applicable fees. The publication process takes 60 days.

After the publication stage, without any objections, the client must settle the final invoice within 30 days of its issuance. Then, the certificate can be printed through the system.

For companies and others

1. Obtain authorization from the authorized person in the government entity (Minister, Deputy Minister, Undersecretary, or authorized person) to register the trademark.

2. Access the Authority's website, select "Services," and click on the "Trademarks" service.

3. Enter the Trademarks portal.

4. Proceed to the service platform through the Unified National Access/Email.

5. Access the "Agency Request" service, fill in the information as the authorized representative, and attach the authorization.

6. Submit an authenticated power of attorney or a certified power of attorney certificate.

7. Wait for the authorization to be accepted by the Authority.

8. Submit a new trademark registration request (as an authorized representative), based on the attached authorization. If a representative submits the request, it is necessary to register the representative as a "Trademark Agent" in the Agents' Register.

9. An invoice will be issued for the trademark examination. Upon payment, the application will be received and examined.

10. After the examination, one of the following decisions will be made:

  •    Conditional acceptance with the requirement for amendments (90-day deadline). The application will be deemed abandoned if the applicant fails to make the required amendments within 90 days.
  •     Rejection with the possibility of the amendment (10-day deadline).
  •     Final rejection in either of the following cases:

      - If the amendments are not made within the specified deadline (10 days).

      - If the amendments are made by the client but do not meet the required legal conditions.

If the trademark is accepted, a publication invoice will be issued, and then it will proceed to the publication stage after the applicant has paid the applicable fees. The same publication stages and requirements for individuals will be followed.

Service Fees

To register your trademark, you will need to pay the necessary costs. Here are the costs you should expect in detail:

  • Trademark registration application fee: SAR 1000
  • Publication fee: SAR 500
  • Trademark registration and certificate issuance fee: SAR 5000

The trademark is undoubtedly worth the effort. If the green checkmark on your WhatsApp Business account verifies your digital presence, a registered trademark ensures legal protection for your brand. Both will contribute to increased trust from customers.

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