GCC Trademark Law

Purpose and scope

• A unified law of the GCC states governing the registration, protection and transfer of trademarks, applied in the Kingdom through the Saudi Authority for Intellectual Property.
• It protects a registered mark from imitation and unlawful use, and protects consumers from confusion between products and services.

Key rules, rights and obligations

• A trademark is anything with a distinctive form, such as names, words, signatures, letters, symbols, numbers, drawings, sounds and others, used to distinguish one business's goods or services from others.
• Marks lacking distinctiveness, contrary to public order and morals, or identical or similar to a registered or well-known mark for similar goods or services, are not registered.
• Registration gives the owner the right to use the mark and prevent others from using it without permission; a well-known mark receives wider protection even if unregistered.
• Protection lasts ten years from the filing date and is renewable for like periods.
• A mark may be assigned, pledged and licensed to others, but this is effective against third parties only after entry in the register and publication.

Violations, penalties and common problems

• Imitating a registered mark, using an imitated mark, or knowingly selling goods bearing one are crimes punishable by imprisonment, a fine or both, with confiscation and destruction of the goods and possible closure of the business.
• The owner may seek precautionary measures such as seizure of counterfeit goods, and claim compensation.
• Common problems: starting business and printing the brand identity before checking the mark is available, and registering the mark in the name of someone other than the business owner.
• Cancellation may be sought if the mark has not been genuinely used for five consecutive years without acceptable excuse.

Procedures and key deadlines

• The application is filed online with the Saudi Authority for Intellectual Property, specifying the classes of goods or services.
• Acceptance is published, and anyone with an interest may oppose within the statutory period from publication.
• Renewal is filed before protection expires or within the grace period set by the law with an additional fee.

An advisory summary prepared by Al-Bayan Al-Wadih Law Firm. It is not an official text and does not replace the law, its implementing regulations, or advice from a specialised lawyer. The official published text and its amendments prevail.