Law

Articles 19 and 20 of the Council of Minister's law enacted by Royal Decree No. 38 dated 22.10.1377 AH;
Trademarks Registration Law enacted by Royal Decree No. 8762 dated 28.7.1358 AH;
Resolution of the Council of Ministers No. 75 dated 13.4.1404 AH;
The Saudi legislator regulates recently the trademarks law pursuant to the Royal Decree No. M/5 issued on 4/5/1404 AH.

Classification

International Classification. However, registration of goods in class 33 is not possible Revision of class 42 with the creation of classes 43 to 45 has been adopted as of January 1, 2002.

Duration

10 Hegira years counting from the date of application. Hegira or Lunar years are 11 days shorter than Gregorian year (i.e. 354 days). Therefore, the registration period for a certain mark in Saudi Arabia is actually 9 years and 8 months. Renewal must be applied for during the last year of a registration period and prior to expiration. There is no grace period for late renewal. There is a grace period of 3 months for renewal.

Use

Use of a registered mark is compulsory. The registration of a mark may be cancelled on the grounds of lack of the required use during five consecutive years without legitimate reasons.

Assignment

A mark may be assigned either with or without the goodwill of the business. An assignment will only be effective vis-à-vis third parties if recorded in the Register

Licensing

Voluntary licenses under a mark may be granted. A License agreement will only be effective vis-à-vis third parties if recorded in the Register. License agreements must be in writing and legalized. The term of the license may not exceed the term of protection of the licensed mark.

Infringement

Infringement of a mark is considered as a criminal offence and punishable with a fine and/or imprisonment. Civil and criminal infringement actions are to be dealt with by the Board of Grievances (the Court).