Since Saudi Arabia is a "first to file" jurisdiction, trademark registration is required in order to be given rights over a trademark. An unregistered trademark can only be protected in some rare circumstances. Applications for trademarks must be submitted to Saudi Arabia's Ministry of Commerce and Investment (MCI). A trademark does not have to be in use in Saudi Arabia to be registered there.

If you register a combination trademark in Saudi Arabia that has both word and figurative elements, you are only granted the exclusive right to use the mark in the same manner in which it was submitted and registered. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).

However, you will have the right to oppose the application on the grounds of confusing similarity if a third party subsequently wants to register or use a trademark for comparable goods or services that includes a primary or separate component or portion of your trademark. Within three (3) months of a trademark application's publication in the trademark gazette, third parties may launch opposition actions against it. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's success.

Although a trademark need not be utilized in order to register, it cannot stay inactive for more than five years at a time as this leaves it open to revocation claims based on inactivity. This vulnerability must be avoided; hence the use must be on a commercial basis. In some cases, not using something is acceptable. The validity of registered trademarks in Saudi Arabia is ten (10) Hegira years from the application date, or roughly nine years and eight months in the Gregorian calendar. Registered trademarks may be renewed indefinitely for additional periods of ten (10) Hegira years. Within twelve (12) Hegira months of the expiration date, the renewal may be requested. After then, the trademark may still be renewed for a grace period of six (6) Hegira months by paying a late renewal cost.

The trademark must be written in the Latin alphabet, and only other Latin-written trademarks will be taken into consideration for trademark search reports. Please get in touch with us if you want a trademark search that contains results for trademarks in the local alphabet (Arabic) and is written in the local writing system (Arabic). Additional charges will be made.

Contact us personally to find out whether we might be able to offer this in Saudi Arabia if you'd like the figurative or design components of your trademark to be taken into account when evaluating your trademark for registration (Trademark Search Report). Prices for services and anticipated delivery times may change in such circumstances. In order for the trademark owner to be represented before the Saudi Arabian trademark authority, a Power of Attorney form must be signed and delivered, as is the case in many other nations. A Power of Attorney will only be effective for five (5) years after it is granted, per recent revisions to Saudi Arabian law. Due to this, a new Power of Attorney document must be given for Saudi Arabia if you have previously filed trademarks or need to renew a trademark that has already been filed. The trademark certificate will not be printed out when a trademark is legally registered in Saudi Arabia. The Saudi Arabian trademark office only issues digital certificates upon trademark registration.

Charges

• Prices for searches First class: $110.00; subsequent classes: $100.00

There is no way to look up a trademark's figurative components (logo). Only the linguistic components of the trademark will be searched for.

• Cost of applications First class costs $1,100; each subsequent class costs $1100.

After the trademark is approved, the remaining registration fee is due: First class is $1,950, and each subsequent class is $1,950.