Trademark Lawyers in Saudi Arabia

Trademark registration in Saudi Arabia is mandatory to be granted rights over a trademark, as it is a “first to file” jurisdiction. Only in some exceptional cases can an unregistered trademark be protected. The trademark applications must be filed with the Ministry of Commerce and Investment of Saudi Arabia (MCI).

It is not necessary for a trademark to be in use in Saudi Arabia in order for it to register.

If you register a combined trademark (which includes both word elements and figurative elements) in Saudi Arabia, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Although a trademark protection in Saudi Arabia does not have to be in use in order for it to register, it must not go unused for periods of five years or it will become vulnerable to cancellation actions based on lack of use of the trademark. To prevent this vulnerability, the use must be on a commercial scale. Lack of use may be justified in certain circumstances.

Trademark search in Saudi Arabia have a validity of ten (10) Hegira years (approximately 9 years and 8 months in the Gregorian calendar) from the application date and can be renewed indefinitely for further periods of ten (10) Hegira years. The renewal can be requested within twelve (12) Hegira months before the expiration date. After this, there is a grace period of six (6) Hegira months during which the trademark can still be renewed, upon payment of a late renewal fee.



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