Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Trademarks
3.
Registration procedure
3.1
Which governing body (ie, trademark office) controls the registration process?
 
Saudi Arabia
The Ministry of Commerce and Investment currently controls the registration process. However, following the recent establishment of the Saudi Authority for Intellectual Property (SAIP), the administration of trademarks will be taken over by SAIP.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.2
What fees does the trademark office charge for an application, during prosecution and for issuance of a registration?
 
Saudi Arabia
The total official fee from filing to registration of one trademark in one class is $2,405.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.3
Does the trademark office use the Nice Classification scheme?
 
Saudi Arabia
Yes, Saudi Arabia has adopted the 10th edition of the Nice Classification.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.4
Are ‘class-wide’ applications allowed, or must the applicant identify the specific goods or services for which the mark will be used?
 
Saudi Arabia
A trademark applicant in Saudi Arabia can file for the whole class, including either the class heading or specific goods or services of interest. The class heading cannot be partially selected. The goods or services must be selected from an online system and the applicant cannot change the nomenclature of terms.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.5
Must an applicant have a bona fide intention to use the trademark for the goods or services identified in the application in order to apply for registration?
 
Saudi Arabia
The trademark office requires no such declaration.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.6
Does the trademark office perform relative examination of trademark applications (ie, searches for earlier conflicting marks)?
 
Saudi Arabia
Yes, the trademark office will search its database and examine a filed trademark application on relative grounds. Any identical or confusingly similar trademarks will be cited against the application. In practice, the trademark office gives the applicant a 10-day period to amend its application accordingly. After submission of the amendment, the trademark application will be re-examined.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.7
What types of examinations does the trademark office perform other than relative examination?
 
Saudi Arabia
The trademark office also examines trademark applications on absolute grounds. Any trademark which falls within the categories specified in question 2.3 will be refused on absolute grounds.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.8
Apart from confusion with a senior mark, descriptiveness and genericness, are there other grounds under which a mark is ineligible for registration, such as public policy reasons?
 
Saudi Arabia
Expressions, drawings or marks that contravene public morals or public order, or marks which have religious connotations, cannot be accepted for registration in Saudi Arabia (see question 2.3).

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.9
Is there a separate or supplemental register on which descriptive marks may be registered?
 
Saudi Arabia
No.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.10
Can a third party object to registration of a mark before the application has been published (eg, by letter of protest to the trademark office)?
 
Saudi Arabia
No. Opposition is possible only after publication of the trademark.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.11
Must the applicant use the trademark commercially in order to obtain a registration?
 
Saudi Arabia
There is no such requirement.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.12
How much time does it typically take from filing an application to the first office action?
 
Saudi Arabia
In Saudi Arabia, it takes three to four months from filing to registration, unless there are further office actions, in which case it may take one month more.

For more information about this answer please contact: Asif Iqbal from Kadasa IP
3.13
How much time does it typically take from filing an application to publication?
 
Saudi Arabia
This may take 15 to 20 days.

For more information about this answer please contact: Asif Iqbal from Kadasa IP