Laws
Trademark law
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 1Purposes of the Registration of Marks under the Nice Agreement, with revisions and additions adopted as of January 1, 2002. A separate application should be filed with respect to each class of goods or services. Trademarks covering alcoholic goods and related retail or wholesale services are not applicable within the Kingdom.
What can I register as a Mark?
| Can be registered as a Mark |
Cannot be registered as a Mark |
- Distinct shapes
- Signatures
- Words
- Letters
- Numbers
- Drawings
- Symbols
- Seals
- Prominent inscriptions
|
- Invisible trademarks (e.g. sounds or scents)
- Expressions, signs or drawings contrary to religious practices or public order or morality
- Public and official symbols of KSA
- Geographical names
- Misleading statements or statements regarding honorary degrees
- Internationally famous Marks or Marks similar to registered (or applied for) Marks
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What is the process for registering a Mark?
| Documents required |
Timeline |
- Application form
- Legalized copy of the Mark’s corresponding home registration certificate
- Legalized Power of Attorney or Authorization of Agent
- List of goods to be covered and their classes
- Thirty prints of the Mark for each class
|
- Thirty prints of the Mark for each class
- A decision is made on applications within 60 days by the Ministry of Commerce
- If the application is rejected, the applicant has 90 days to satisfy the conditions for approval set forth by the Ministry of Commerce
- Appeals may be filed to the Board of Grievances within 30 days of the final rejection notification
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Trademarks registered in Saudi Arabia are protected for a period of 10 Hegira years from the date of application. Registrants can apply for renewals of the Mark within the last year of validity or within a grace period of 6 months after expiration of the Mark.
Copyright law
- The Copyright Law in the Kingdom of Saudi Arabia was issued as per Royal Decree No. M/41 dated August 30, 2003 and published in the Official Gazette No. 3959 dated September 19, 2003.
- Protection is granted to authors whose works of art are expressed in writing, sound, drawing, photography or motion pictures and computer software. The rights of the author are protected for his lifetime and for a period of 50 years after his death.
- Protection covers all intellectual works of any type whether they are literary, scientific or other, as far as the distribution of those works in Saudi Arabia is allowed.
- Foreign intellectual works are protected in accordance with the international conventions of which Saudi Arabia is a member, namely the Universal Copyright Convention and the Berne Convention for the Protection of Literary and Artistic Works.
- Violations of intellectual property protections are punishable by stringent penalties, including fines of up to SR250,000, suspension of business, confiscation of materials, and imprisonment.
Patent law
- Patents in Saudi Arabia are governed by Patents, Layout Designs of Integrated Circuits, Plant Varieties and Industrial Models Law, effective September 6, 2004. The Patent Law definition of an invention covers any new article, method of manufacture, or improvement in either. Absolute universal novelty is stipulated by the Patent Law: an invention is new only if it is not anticipated by the prior art, which covers anything disclosed to the public anywhere and at any time, by means of a written or oral disclosure, by use, or in any other way before the relevant filing date or priority date.
- Applications for patents must be submitted to the Directorate of Patents at King Abdul Aziz City of Science and Technology (KACST) on the appropriate form. A patent is protected for 20 years from the date of filing the application. A patent is subject to an annuity due at the beginning of each year subsequent to the year in which the application was filed and payable within a period of three (3) months.
- Patent disputes are resolved by an ad hoc committee at KACST. Appeals against the committee’s decision may be made to the Board of Grievances within sixty (60) days from the date of notification.