Protecting a brand in Saudi Arabia is essential for companies operating in an increasingly competitive and innovation-driven market. The trademark registration system in the Kingdom is governed by the Saudi Trademark Law and supervised by the Saudi Authority for Intellectual Property (SAIP). Whether you’re a local or foreign company, securing your brand name, logo, or product identity is a crucial legal move.
This article explains how trademarks work in Saudi Arabia, how to register them, what protections are available, and what companies should avoid to prevent infringement and disputes.
What Types of Trademarks Are Recognized in Saudi Arabia?
In Saudi Arabia, the following types of marks can be registered as trademarks:
- Words and names
- Logos, symbols, and drawings
- Letters, numbers, or combinations of them
- Slogans and taglines
- Three-dimensional shapes
- Color combinations
- Sound marks
- Holograms
- Collective marks used by members of an organization
Any sign capable of distinguishing a company’s goods or services from another can qualify as a trademark.
How Does the Trademark Classification System Work in KSA?
Saudi Arabia follows the Nice Classification, an international system dividing products and services into 45 classes:
- Classes 1–34: goods
- Classes 35–45: services
Companies must select the correct class(es) when filing their trademark. An incorrect classification can delay registration or weaken legal protection.
Many businesses seek legal assistance from firms like AHYSP Law Firm to ensure accurate classification and future-proof protection.
How Do You Register a Trademark in Saudi Arabia?
Registering a trademark in KSA involves several steps administered by SAIP:
1. Conduct a trademark search
Before filing, you must check whether the mark already exists or conflicts with a registered mark. This reduces the risk of rejection or opposition.
2. Submit the application online
Applications are filed through the SAIP portal and must include:
- Applicant information
- A clear representation of the mark
- Selected classes
- A description of goods/services
- Required fees
Foreign applicants must file through a licensed local agent or local law firm.
3. SAIP examination
SAIP reviews the application for:
- Legal compliance
- Distinctiveness
- Conflicts with prior rights
4. Publication for opposition
If approved, the mark is published in the Official Gazette for a 60-day opposition period.
Any party claiming prior rights may oppose the registration.
5. Issuance of the registration certificate
If no opposition is filed (or if the applicant successfully responds), SAIP issues the official trademark registration certificate, giving the owner exclusive rights in the KSA.
AHYSP Law Firm can handle the entire filing process, respond to SAIP examiner objections, and manage opposition disputes.
What Are Collective and Certification Trademarks in Saudi Arabia?
Saudi law also recognizes:
Collective Trademarks
Used by members of a specific association, guild, or group to identify products/services provided by the members.
Example: trademarks used by cooperatives or professional associations.
Certification Trademarks
Indicate that goods or services comply with certain standards.
They do not indicate the commercial origin of the product but certify factors like quality, materials, or manufacturing methods.
These marks require specific regulations describing conditions of use, which must be approved by SAIP.
How Are Trademarks Protected for Foreign Companies in KSA?
Saudi Arabia offers strong protection for foreign companies. Key points include:
- No requirement to operate a local business to file a trademark
- Ability to file via a local agent or a Saudi law firm
- Recognition of priority claims from Paris Convention members
- Same rights and enforcement mechanisms as Saudi nationals
Foreign companies entering the Saudi market are strongly advised to register trademarks early, particularly in sectors where brand identity is easily copied.
How Long Does Trademark Protection Last in Saudi Arabia and How Is It Renewed?
A registered trademark in Saudi Arabia is valid for 10 years, calculated based on the Hijri calendar (not Gregorian).
It can be renewed indefinitely for additional 10-year periods.
Renewal process:
- Submit a renewal request online through SAIP
- Pay the renewal fees
- No re-examination is required
- Late renewal is allowed for six months with penalties
Failure to renew results in the mark being deleted from the registry.
What Are the Most Common Trademark Infringement Cases in KSA?
Trademark infringement remains a significant issue in Saudi Arabia. Common cases include:
- Copying or imitating a registered mark
- Using a similar name or logo that confuses consumers
- Selling counterfeit goods
- Unauthorized importation of products bearing a protected mark
- Registering a domain name identical or confusingly similar to a trademark (cybersquatting)
- Using a protected mark in advertising without permission
Saudi authorities take these infringements seriously, with penalties ranging from fines, seizure of goods, and business closure, to criminal liability in severe cases.
AHYSP Law Firm assists companies with cease-and-desist actions, infringement litigation, and enforcement through Saudi authorities.
Can a Trademark Application in KSA Be Refused?
Yes. SAIP may refuse a trademark application for several reasons, including lack of distinctiveness, similarity to an existing mark, use of elements that violate public morals or religion, incorporation of national flags or official emblems, or the presence of misleading components. These reasons fall under the legal requirements designed to protect consumers and ensure fair competition.
AHYSP assists businesses at every stage of the registration process—conducting preliminary searches, preparing compliant applications, and ensuring that each submission meets SAIP’s strict standards—significantly reducing the risk of refusal.
What If My Trademark Application Is Denied?
If SAIP denies your trademark application, you have options. You can write a response, argue your case, ask SAIP to reconsider, or appeal to the right committee. Be accurate, give good reasons, and have a solid legal reason for each step. With help from a lawyer, companies can handle issues and improve their chances with SAIP.
Our firm assists clients in writing responses, creating appeals, and protecting their applications to increase their chances of getting trademark protection in Saudi Arabia.
In conclusion, registering a trademark in Saudi Arabia is a critical step toward building and protecting a strong brand identity in a rapidly expanding market. With a clear classification system, digital filing procedures, and robust legal protections, the Kingdom offers a modern framework for both local and foreign businesses.
But, you have to be careful to pick the correct type and class for your trademark and stick to all the rules for publishing and renewing it. If you want to make sure everything goes without problems and that your rights are safe if someone copies your trademark or tries to challenge it, AHYSP Law Firm can give you expert legal help during the whole process.
Key Takeaways
- Trademark in Saudi Arabia is protected under the Saudi Trademark Law, governed by the Saudi Authority for Intellectual Property (SAIP).
- Companies can register various types of trademarks, including words, logos, and sound marks, using the Nice Classification system.
- The registration process involves conducting a trademark search, submitting an application, and undergoing examination by SAIP.
- Trademark protection lasts for 10 years and can be renewed indefinitely with proper procedures.
- Common infringement cases include imitation of marks, unauthorized sales of counterfeits, and cybersquatting.
