TRADEMARK APPLICATION FILING IN
Saudi Arabia

Saudi Arabia is a powerful rising nation. In Saudi Arabia, the Saudi Authority of Intellectual Property (SAIP) is in charge of all Intellectual Property matters and related concerns in the territory of Saudi Arabia. SAIP creates a range of strategies and policies to make sure they are in line with the changing global Intellectual Property culture. It runs a number of initiatives, including IP enforcement, IP awareness, and IP enablement to foster a great deal of respect for Intellectual Property Rights. Saudi Arabia operates on a first-to-file basis when it comes to trademark registrations, and all trademarks must comply with the "Gulf Cooperation Council (GCC) Trademark Law."

The trademark registration before the Saudi Authority of Intellectual Property (SAIP) can be filed through the online portal.

Multi-class applications are allowed by the Saudi Authority of Intellectual Property (SAIP). A different & separate application has to be filed for each trademark class.

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Power of Attorney *;

*POA is to be submitted;

• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted along with a translation in Arabic within six months of the filing.

The process of registering a trademark in Saudi Arabia begins with the submission of the application before the Saudi Authority of Intellectual Property (SAIP). Once the TM application is filed, the application undergoes a formal examination to ensure it meets all the required standards. Following this, the application is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the SAIP will notify the applicant and provide ninety days to reply to the issued office action/examination report. This decision can be appealed to the board of complaints and the minister within sixty days. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Saudi Arabia Trademark Journal, initiating a sixty-day opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

The opposition proceedings begins when an opponent files a notice of opposition with evidence via Aamaly E-Magazine, which will then examine the notice of opposition and evidence and render the appropriate verdict.

A trademark registration in Saudi Arabia is valid for a period of nine years and eight months. The trademark must be renewed before the end of twelve months of the current term to maintain protection for an additional subsequent year.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with a surcharge.

A registered trademark must be actively used within five years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Saudi Arabia takes twelve months in straightforward cases.

According to WIPO’s 2023 data, Saudi Arabia ranks 36th worldwide and 14th in Asia for trademark filings. The year saw notable growth with domestic filings rising by 15.6% and international filings by 33.7%. The Kingdom continues to attract strong interest from global players such as the USA, China, the UK, and France. As of 2023, approximately 233,157 trademarks are active within Saudi Arabia, underscoring its growing presence in the global IP landscape.