Requirements

Saudi Arabia Design Process

Design Registration: 

  • The registration process takes up to 3 months to be completed.
  • A single application must be filed per design.
  • The application will be examined by the TMO within a period of 1 week. After the end of the examination period, the TMO will issue a decision to either:
    • Amend the application, the applicant has 90 days from the official notification date to amend the design as requested, otherwise the application will be rejected.
    • Reject the application, you may appeal the decision within a period of 90 days from the official notification date, otherwise the application would be considered withdrawn.
    • Accept the application, the registration fees should be settled within 90 days from the official notification date, otherwise the application will be considered withdrawn.
  • The design's registration is valid for 10 Hijri years which is equivalent to 9.8 Gregorian years, starting from the filing date, and is non-renewable.

Design Renewal: 

  • NA - Nonrenewable

Design Annuities: 

  • An annual fee shall be paid starting from the year following the application filing date by the beginning of each year between January and March.
  • A 3 month grace period is given to the applicant to settle the annuity fee, not subject to any late penalty fees.
  • If the applicant fails to settle the annuity fee within the first grace period, another 3 months grace period will be given to settle the annuity fee, however is subject to late penalty fee. 

Saudi Arabia Design Requirements

Design Registration:

  • Name of the design.
  • Design Drawings from all different angles.
  • Description of the design.
  • Applicant’s information (name, address, and nationality).
  • Designer’s Information (name, address, and nationality).
  • List of goods according to Locarno Classification.
  • Power of Attorney (POA): Original should be notarized and legalized at the KSA embassy submitted at filing.
  • Deed of Assignment (DOA) if the applicant is not the designer: Original should be legalized at the KSA embassy and submitted at filing.
  • A certified copy of the priority document translated to Arabic in case claimed.

Saudi Arabia Patents FAQ

Q: Which law does the country implement relating to patents?

A: Law of Patents, Layout-Designs of Integrated Circuits, Plant Varieties, and Industrial Designs (promulgated by Royal Decree No. M/27 of 29/5/1425H

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is your country a member of the GCC Patent Cooperation Treaty? 

A: Yes

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;
  • Do not violate the provisions of Islamic Sharia' (Law), public order, ethics, causing serious damage to the environment, or damage human, animal, plantation life or health.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Discoveries, scientific theories, mathematical methods, and computer programs.
  • Schemes, rules, and methods for doing business, performing purely mental acts, or playing games.
  • Plant varieties and species of animals, and biological processes for the production of plants or animals with the exception of microbiological processes and the products thereof.
  • Methods of surgical or therapeutic treatment of the human or animal body and methods of diagnosis applied to the human or animal body with the exception of products used in any of these methods.
  • Varieties of plants or species of animals.

Q: If a worker invented a patent, can he register the patent in his name?

A: The employer shall be the owner of the protection document, unless the work contract stipulates otherwise, where its subject matter results from the execution of a contract, or an obligation providing for exerting efforts to develop it, or if the employer proves that the employee would not have developed the subject matter of the protection had he not used facilities, means or data made available through his employment.

This shall be without prejudice to the employee’s right to receive a special award to be agreed upon with the consent of both parties, or assessed by the Committee in light of the various circumstances of the contract of employment, and the economic importance of the subject matter of the protection. Any special agreement depriving the employee of this right shall be null and void.

An application for a protection document filed by the employee within two years from the date of termination of employment shall be deemed as if submitted during the employment.

Q: Can the applicant amend an application under process?

A: The applicant may introduce the amendments he deems fit to his application if such amendments shall not constitute a substantive modification to the contents of the original application prior to issuance of acceptance decision.

Q: Can the applicant withdraw the application at any time?

A: The applicant may withdraw his application at any time unless it has been finally decided upon. However, such withdrawal shall not give the right to recover the fees paid or any other expense.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Saudi Arabia within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

Saudi Arabia Patents Process

Patent Registration: 

  • The patent registration process takes 4-5 years.
  • After filing the application, the application is put on hold for 3 months until all required documents and information are fulfilled.
  • After 3 months from the filing date, the application will be formally examined to check if all the required documents were submitted and will issue a decision of:
    • Incomplete formalities: the Examiner will give the applicant 90 days from the official notification date to fulfill all requirements, otherwise the application will be considered withdrawn.
    • Complete formalities: the Examiner will give the applicant 90 days from the official notification date to settle the substantive examination fees, otherwise the application will be lapse.
  • Once the application is substantively examined, the Examiner will issue a decision of:
    • Complete or amend the application: the applicant has 90 days from the official notification date to comply with any amendment requested, otherwise application will be rejected. The Examiner will examine the application for a second time and give the applicant additional 90 days from the official notification date to comply with any amendment not fulfilled yet, otherwise application will be rejected.
    • Reject the application: if the requirements were not met or the patent is non-registrable after the third examination of the application. The decision will be published and the applicant will be given 90 days from the date of publication to appeal the decision before the Appeal Committee.
    • Accept the application: the applicant has to settle the publication and registration fees to publish the application in the official gazette within 90 days from the official notification date; otherwise the application will lapse
  • The applicant may file an extension of time request for additional 60 days from the end of the original deadline.
  • Any interested third party can oppose the said application within 90 days from the date of publication.
  • If the application passes the publication period successfully, the certificate of registration will be issued.
  • The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

 

Patent Annuities: 

  • A patent is protected for 20 years from the filing date.
  • Annuities should be settled at the beginning of each year starting from the second year of filing the national application according to Paris Convention until the termination of the patent protection duration.
  • A 3 months grace period is granted to settle the annuities without late penalty fees. However, an additional 3 months grace period is granted subject to late penalty fees if the applicant fails to settle the annuity within the first grace period.

Saudi Arabia Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract in English and Arabic language should be submitted upon filing.
  • Patent claims in English and Arabic language should be submitted within 90 days from filing date.
  • Patent Specifications in English should be submitted upon filing.
  • Patent Specifications in Arabic should be submitted within 90 days from filing date.
  • Certified copy of the priority document translated to Arabic should be submitted within 90 days from filing date.
  • Power of Attorney (POA): Original should be notarized and legalized at the Saudi embassy and submitted within 90 days from filing date.
  • Certified copy of the certificate of incorporation or an extract from the commercial registry legalized at the Saudi embassy if the applicant is a company or a copy of the applicant’s passport if the applicant is an individual, submitted within 90 days from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized and legalized at the Saudi embassy, and submitted within 90 days from filing date.

Saudi Arabia Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: GCC Trademarks Law

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No       

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 10th Edition with limitations on many products and services – refer to requirements section for local classification of goods and services available locally.

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

Refer to requirements section for local classification of goods and services available locally.

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: Yes, however the search fees are calculated based on number of results found, thus the cost cannot be predicted and is expensive.

Q: Is the certificate issued in paper or electronically?

A: Electronically

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Saudi Arabia Trademarks Process

Trademark Registration: 

  • The registration process takes 3-4 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 1 week. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled within 30 days from the official notification date, otherwise the application will be considered withdrawn.
    • Amend the application, the applicant has 10 days from the official notification date to amend the mark as requested, otherwise the application will be rejected. However, the applicant may appeal the said decision within a period of 60 days from the official notification date.
    • Reject the application, you may appeal the decision within a period of 60 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 60 days from the date of publication. The applicant has 30 days from the official notification date to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The applicant has 30 days from the end of publication period date to settle the registration fees, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1 week from the date of settlement of registration fees.
  • The trademark's registration is valid for 10 Hijri years which is equivalent to 9.8 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes 1-2 weeks to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal, however it is subject to late penalty fees.
  • After filing the renewal application, the renewal certificate will be issued within 1 week.
  • The renewal certificate will be published in the official gazette for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 10 consecutive Hijri years which is equivalent to 9.8 Gregorian years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 1-2 weeks to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • After filing the change application, the change certificate will be issued within 1 week.
  • The change will be published in the official gazette for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The assignment process takes 1-2 weeks to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • After filing the assignment application, the assignment certificate will be issued within 1 week.
  • The assignment will be published in the official gazette for informative purposes only; No one can oppose the said publication.

Saudi Arabia Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) should be chosen from the goods and services available locally (refer to attached list) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Saudi embassy and submitted for local approval prior to filing.
  • A certified copy of the priority document translated to Arabic should be submitted within 60 days of filing in case claimed.

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of Attorney (POA): Original should be notarized and legalized at the Saudi embassy and submitted for local approval prior to filing.
  • The original trademark registration certificate - If not available a certified copy should be issued.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications. 
  • A document proving the change of name and/or address translated to Arabic notarized and legalized at the Saudi embassy and submitted at filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the Saudi embassy and submitted for local approval prior to filing.
  • A high resolution colored copy of the trademark registration certificate - If not available a certified copy should be issued.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications. 
  • An assignment document translated to Arabic translated to Arabic notarized and legalized at the Saudi embassy and submitted for local approval prior to filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the Saudi embassy and submitted for local approval prior to filing.
  • A high resolution colored copy of the trademark registration certificate - If not available a certified copy should be issued.

Sudan Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Trademark Law no. 8 of 1969

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: Yes

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Can a trademark be registered on class header?

A: Not possible. The list of goods cannot include all goods and services or the class header; one item must always be excluded.

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Alcoholic beverages and related products
  • Bar and night club services

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark.

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Sudan Trademarks Process

Trademark Registration: 

  • The registration process takes 36 months (minimum) to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 2-8 months (minimum). After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled to publish the mark in the official gazette.
    • Conditionally accept the application, you may appeal the decision or comply with the said conditions within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 30 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the application within 6 months (if the plaintiff is residing in Sudan) or 8 months (if the plaintiff has no residency in Sudan) from the publication in the official gazette. The applicant has 30 days from date of official notification to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • After the expiry of publication period within 2 months, the applicant has to submit a simply signed declaration on the applicant’s letterhead stating that the applicant did not change their legal entity, name or address to date, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued after the settlement of registration fees within 1 month.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes 1-5 months to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last 6 months of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal, however it is subject to late penalty fees.
  • After recording the renewal in the TMO database, the renewal certificate will be issued within 1-5 months.
  • The trademark renewal is valid for another 10 Gregorian consecutive years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 1-5 months to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met.
  • After recording the change in the TMO database, the change certificate will be issued within 1-5 months.

Trademark Assignment: 

  • The recordal of the assignment takes 1-5 months to be completed.
  • A separate application should be filed for each class. 
  • The assignment application should be filed within 6 months from the date of assignment deed.
  • A change of agent should be filed and published in the official gazette in order to ensure formality requirements are met. 
  • After recording the assignment in the TMO database, the assignment certificate will be issued within 1-5 months.

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