The Kingdom of Saudi Arabia (Arabic: the country of the Suffa, the Suffa, the Suffa, the Suffa, the Suffa, the Suffa, the Suffa, the Suffa, the Suffa, the Suffa), referred to as Saudi Arabia, is one of the richest countries in the world, the folk have such a paragraph to describe Saudi Arabia: "a piece of cloth on the head, I am the richest in the world".
Saudi Arabia's financial system is sound, the government encourages the development of private sector, free trade and low tariffs. The Saudi government has developed a series of relevant policies to protect the trademark rights of domestic companies. Therefore, trademark registration is an important part of business activities in Saudi Arabia.
Saudi trademark features
1. Saudi Arabia is a member of the World Intellectual Property Organization, but not of the Madrid Protocol;
2. The current Saudi Trademark Law and its rules came into effect on April 1, 1984. The acquisition of trademark ownership is based on registration, including the registration of goods trademarks, service trademarks, serial trademarks and collective trademarks;
3. Saudi Arabia follows the international classification of trademark registration, banning the registration of trademarks for pork, bars and any products or services involving alcohol;
4. Saudi trademarks adopt the principle of first registration, and can only apply for one type of trademark with one mark, rather than multiple types with one mark;
5. According to Article 46 of the Trademark Law, trademarks that are identical or similar to those registered by others shall not be used. Therefore, before registration, it is necessary to comprehensively and strictly check whether the trademark is registered or similar to others.
Saudi trademark law adopts the principle of "voluntary registration" and does not mandate trademark registration.
According to Article 48 of the Trademark Law, either an individual or an enterprise can apply for a trademark in Saudi Arabia.
Saudi trademark application process
1. Saudi trademark query search
For the applicant, the first thing to do in trademark application is to conduct a preliminary search of the trademark, so as to avoid being rejected because of similar trademarks.
Saudi trademark search is not a prerequisite for the application, and the applicant can also submit the trademark application without searching. But in our experience, it is very necessary to search before registering.
At present, Saudi Intellectual Property Office does not open a trademark database free of charge, so there are two main ways to search Saudi trademarks:
1) Entrust a local Saudi lawyer to conduct a paid search in the official trademark database of the Saudi Intellectual Property Office (SAIP);
2) Paid searches in commercial databases.
Saudi Intellectual Property Office Official trademark database
There is a fee for searching in the official database.
Upon completion of the search, SAIP (Saudi Arabian Intellectual Property Office) will issue a search report containing the date of the search, the trademark name, the category, and the search results.
Commercial database search
It is cheaper to search through commercial databases than official databases.
However, there is a lag in updating commercial databases. If not updated in time, similar trademarks may not be found in the retrieval, and the application may be rejected due to the existence of similar trademarks.
The above two query methods can only reduce but not completely eliminate the risk of trademark registration, because any database has a blind period of trademark registration data entry, which cannot be 100% accurate.
2. POA
Saudi trademark applicants are required to provide the name, address, trademark drawing, merchandise item, and the original POA certified by China Council for the Promotion of International Trade.
Saudi trademark POA certification can take 30-35 days, but the Saudi trademark application allows you to submit an application before submitting the certified original POA.
3. Submit the registration application
The application for registration must be submitted through a local lawyer and in Arabic.
The application should be complete, accurate and include:
1) Registration request;
2) Trademark details;
3) Details of the applicant (name and address);
4) The category of goods and services to which they belong;
5) Details of the goods and services to be trademarked.
4. Acceptance and review
The trademark administration of Saudi Arabia shall check, search, analyze, compare, investigate and study whether the trademark applied for registration conforms to the provisions of the Trademark Law, and decide whether to approve the registration or not.
In the course of examination, the Trademark Office may examine the application for correction or revocation made by the trademark applicant.
5. Publicity
After passing the trademark examination, it will enter the stage of publicity.
The trademark objection period is 60 days, the objection defense period is 30 days, a total of 90 days. Any third party may raise an objection during this period.
The objection time cannot be extended. After the trademark is opposed, a hearing will be held at which the applicant can submit evidence.
If no objection is raised, the Saudi Trademark Office issues the registration certificate after the applicant has paid the fee.
1. Registration period: 4-6 months;
2. Validity period of registration: the validity period of trademark registration is 10 years from the date of application;
3. Application for renewal: the registrant shall renew the trademark within the last 12 months before the expiration of the 10-year period, with a grace period of six months. If the grace period is not renewed, the trademark will be declared cancelled;
According to Saudi trademark law, expired trademarks may not be registered in the name of any third party for three years after the expiration or cancellation.
4. If the trademark is not used effectively within 5 years after registration, it may be revoked by others.
The registration of Saudi trademarks can help enterprises build brand effect and expand sales, so that the goods are more competitive and the premium space is larger.