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Saudi Arabia – Trademarks

 

From Filing to Registration: 4 to 6 months

Convention Priority: Yes

Classification of Goods/Service: International (10th Edition)

Multiple Class Applications: N/A

Procedure: Once the application is filed, it is examined as to its availability, registrability. Accepted applications by the Registrar are published in the Official Gazette. There is 3 months period for filing an opposition by any interested party. In absence of an opposition, the published trademark is registered, and the certificate of registration is issued.

Registration Validity: 10 Hegira years (approximately 9 Gregorian years and 8 months), renewable for other consecutive periods, each of which is 10 Hegira years.

Renewal Time: Application for Renewal should be submitted during the last year of the protection period. There is 6 Hegira months grace-period for late renewal upon payment of lateness fine.

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used for five consecutive years.


Requirements:

Trademark/Service Mark Applications

1. Power of Attorney, duly notarized and legalized up to the Consulate of Saudi Arabia.
2. 3- 15 Prints of the trademark.
3. Certified copy of the priority document, if priority is to be claimed (can be submitted within 3 months as of filing the application)

Renewal of Trademark/Service Mark Registrations

1. Power of Attorney, duly notarized and legalized up to the Consulate of Saudi Arabia.
2. The original Certificate of Registration for endorsement.

Assignment Applications

1. Power of Attorney by the Assignee, duly notarized and legalized up to the Consulate of Saudi Arabia.
2. Deed of Assignment, signed by both parties, notarized and legalized up to the Consulate of Saudi Arabia.
3. The original Certificate of Registration for endorsement.

Change of Name/Address Applications

1. Power of Attorney in the new name/address, duly notarized and legalized up to the Consulate of Saudi.
2. Certificate of change of name, duly legalized up to the Consulate of Saudi Arabia.
3. The original Certificate of Registration for endorsement.

 

 

Saudi Arabia – Patents

 

Patent Protection Period: 20 Years

Annuity Payments: Annuities are to be paid at the beginning of each Gregorian year (from 1st January to 30th March, regardless of the filing date) subsequent to the year in which the application was filed. Late annuity is possible within the next 3 months upon payment of lateness fees.

From Filing to Grant: 3 years average

Priority: Yes

Novelty: Absolute

Filing Language: Specifications, claims, abstract, drawings and related documents should be translated into Arabic if they are in English and into English and Arabic if they are in a third language

Procedure: Once the patent application is filed, it is queued to be examined by Saudi Patent Office with respect to compliance with formalities. Upon fulfillment, the application will proceed to substantive examination. The examiner will assess the application for patentability (novelty and industrial applicability). If the claimed invention is not patentable, the applicant will be requested to present the counter-arguments within 90 days from notification date. If the claimed invention is patentable, the applicant will be requested to settle the grant and publication fees. Accordingly, the letters patent will be issued and the decisions to grant the patent will be published in the Patent Official Gazette for opposition purposes.

PCT: Applicable

 

Filing Requirements for Patent Application:

1- Power of Attorney duly notarized and legalized up to the Consulate of Saudi Arabia.
2- Deed of Assignment executed by the inventor(s), duly notarized and legalized up to the Consulate of Saudi Arabia, if the applicant is other than the inventor(s)
3- Two copies of the specification in English and Arabic prepared strictly in the following order:

• The abstract (not exceeding one page)
• Background of the invention.
• Summary description of the invention.
• Brief description of the drawings, if any.
• Full description of the invention.
• Claims.

*General Information Required:

• Name(s) and Address(es) of the inventor(s)
• A list of the home and/or foreign applications stating:
- Country of filing.
- Application number (s) and filing date (s).
- Publication number (if any) and date (if any).
- Class of the patent in accordance with the international classification (if known).

 

Saudi Arabia – Designs

 

Design Protection Period: 10 years from filing date– non-renewable
Convention Priority: Yes
Novelty: Absolute
Annuity Payments: A maintenance fee is due annually and is payable at the first 3 months of each calendar year following the year the design application was filed.

Filing Requirements for Design Application:

1. Power of Attorney notarized and legalized up to the Saudi Consulate.

2. Deed of assignment executed by the designer (if not the applicant), notarized and legalized up to the Saudi Consulate.
3. Certified copy of the priority document in the case of claiming priority, (late filing within three months from the filing date is possible).
4. Figures or drawings or photos on white background.
5. Description of the design.

Assignment Application

1- Power of Attorney by the Assignee, duly legalized up to Saudi Consulate
2- Deed of Assignment, signed by both parties, notarized and legalized up to Saudi Consulate

Change of Name/Address Application

1- Power of Attorney in the new name/address, duly legalized up to Saudi Consulate
2- Certificate proving the change of name/address, duly legalized up to Saudi Consulate.

License/Registered User Agreements Application

1. Power of attorney executed by the licensee, duly legalized up to Saudi Consulate
2. License Agreement executed by both parties, duly legalized up to Saudi Consulate