Trademark Protection In Saudi Arabia

Trademarks are any kind of creativity used for the purpose of distinguishing the goods or services of an establishment, which may be in the form of a name, words, signatures, symbols, numbers, seals, as well as designs, drawings, pictures, distinctive inscriptions, or the way of packaging pictorial elements; Or a combination of distinctive colors or other distinctive creative works.

Trademark types in KSA

Brands are divided into:

• Manufacture marks: It is the label that the manufacturer puts on its products to distinguish them.
• Trade Marks: They are those used by merchants to distinguish their products from those of other merchants.
• Service Marks: They are those used by the (intangible) service provider to distinguish its services from others.
• Collective marks: It is a mark owned by an association made up of many members who are allowed to use the mark according to certain criteria.
• Temporary trademarks: These are the marks that are used in products or services displayed in national and international exhibitions for a temporary period not exceeding 6 months.

What can and cannot be registered as a trademark in Saudi Arabia?

The Saudi Intellectual Property Authority has set a set of conditions for registering trademarks and excluded some types of specifications that cannot be registered as trademarks, as follows:

• Generic tags that describe an entire product category, such as the word “cars” and generic descriptions used in abstract form without precedents or suffixes, such as the word “fast” if used alone.
•  Marks identical or similar to another trademark.
• Misleading labels that use incorrect context such as using the word “Japanese” as part of a branding of an entirely domestic product.
• Marks that violate Sharia and morals, as well as marks whose registration application is accompanied by bad faith, cannot be registered, and if registered, they can be canceled in court.
• Public emblems, symbols and names of the Kingdom
• Marks that are identical or similar to world-famous marks, even if they are not registered in the Kingdom.

Conditions for protection and registration of trademarks in Saudi Arabia

The Saudi Intellectual Property Authority has set several conditions that must be met to register an application for trademark protection, namely:

• Distinction: The trademark should be distinctive and not generic.
• Originality: The trademark must be exclusive and new, not previously registered or used.
• Language: The trademark must be written in Arabic (the name of the trademark must also be sent in English when registering the protection application)
•  Approval of public taste: that the trademark is not contrary to public morals, the provisions of Sharia, order and law.

Although the conditions may seem clear, a large percentage of trademark registration applications are rejected for violating the previous conditions in one way or another. The year 2023 witnessed more than 24,000 applications to register a new trademark, while the number of trademarks that were actually registered with the Authority reached Only about 6,000 brands!

That is, 1 in 4 applications for trademark registration are rejected. Therefore, when registering a new trademark, it is necessary to seek the assistance of a competent and specialized intellectual property lawyer, and this is what we guarantee to you at Al Othman Law Firm.

Do you have a trademark that you want to make sure it meets the requirements to protect it?

If you have a trademark and want to register or protect it and want to make sure that it meets the conditions for its protection and registration, do not hesitate to contact the trademark experts at the Al Othman office to inform you if your trademark meets the trademark conditions approved by the Saudi Authority for Intellectual Property or not.
Contact us now…

Al-Othman Law Firm services in relation to the registration and protection of trademarks in Saudi Arabia

Intellectual property rights experts at Al Othman Company, with their great experience and knowledge of trademark registration systems and procedures, do the following:

• Undertaking trademark registration procedures.
• Trademark renewal services.
• Trademark information or image modification services.
• Transfer or revoke trademark ownership.
• Deletion or objection to a trademark.
• Pleading in cases of expiration of trademark rights and filing lawsuits.
• and more.

Advantages of working with Al Othman Law Firm

• The highest academic degrees in the field of law: Experts in trademarks and intellectual property systems at Al-Othman Law Firm, whose degrees range from senior lawyer to senior lawyer, in addition to holders of master’s and doctorate degrees in the Saudi system.
• Practical experience of more than 15 years: Al-Othman lawyers and consultants are distinguished by their long practical experience, which exceeds 15 years in Saudi systems and legal advice.
• Accurate knowledge of procedures: Lina’s staff is fully aware of all procedures followed in intellectual property cases and requests, trademark registration procedures and conditions that must be met.
• Professional work team: The staff at Al-Othman office are highly professional in carrying out their legal work, in addition to professionalism in dealing with clients, providing advice and advice according to legal situations and different individual cases, and not sparing any effort in order to facilitate procedures.

Accreditations of Al Othman Lawyers and Consultants:

• Accredited by the Saudi Authority for Intellectual Property
• Accredited by the Ministry of Investment
• Accredited by the Ministry of Justice
• Accredited by the Support and Liquidation Center
• Accredited by the Commercial Arbitration Center
• Accredited by the General Department of Authentication
• Accredited by the Capital Market Authority

Al Othman Company’s achievements in the intellectual property sector:

• Winning a case for exceeding patent rights registered to a local company, the value of compensation exceeded 32 million Saudi riyals.
• Winning a trademark counterfeiting case whose damages exceeded 10.2 million Saudi riyals.
• More than 48 trademarks have been registered with the Saudi Authority for Intellectual Property.
• Winning a case for a company that bartered the exploitation of a registered trademark. The compensation value exceeded 9.4 million Saudi riyals.

The best trademark registration and protection office in Saudi Arabia

If you are looking for the best trademark registration office in Saudi Arabia, do not hesitate to contact the trademark protection and intellectual property experts at Al Othman Law Firm.

We, Al Othman Lawyers and Consultants, are honored to serve you…