In force Last amended 1/6/1442 AH
Saudi Trademarks Law
نظام العلامات التجارية
The Trademarks Law defines its terms and covers trademark registration procedures, the term of protection, cancellation of registration, transfer, pledge and attachment of marks, license contracts, collective and other special marks, enforcement of rights, and penalties.
- Articles
- 52
- In force
- 52
- Amended
- 1
- Issued
- 26/7/1435 AH
Issued by: مرسوم ملكي رقم (م/51) بتاريخ 26 / 7 / 1435
Each article shows the official Arabic text, which is the only legally binding version, followed by our plain-English explanation.
Browse Trademarks Law by topic
Definition of a Trademark4 articlesTrademark Registration16 articlesObjecting to Trademark Registration5 articlesTrademark Protection Period and Renewal2 articlesCancelling a Trademark6 articlesTransfer and Pledge of a Trademark2 articlesLicensing Use of a Trademark6 articlesCollective and Certification Marks4 articlesCounterfeit Goods at Customs2 articlesPrecautionary Measures and Compensation for Infringement3 articlesPenalty for Trademark Counterfeiting2 articlesJudicial Police Status and Final Provisions8 articles
Articles of the Saudi Trademarks Law
الباب الأول: تعاريفArticles 1–2
- Article 1The Article defines the key terms in the Trademarks Law (GCC): the Council states, the competent authority, the Minister, the Implementing Regulations, and the register.Amended M/49
- Article 2The Article defines a trademark as any sign in a distinctive form used or intended to be used to distinguish an establishment's goods or services, and allows a sound or smell to be considered a trademark.
الباب الثاني: الإجراءاتArticles 3–28
- Article 3The Article lists fifteen cases in which a sign is not considered a trademark and may not be registered, such as a non-distinctive, misleading mark or one similar to an earlier or well-known mark.
- Article 4The Article bars registering a well-known mark for identical or similar goods or services except at its owner's request or with his express consent, and sets the criteria for fame and protection for non-similar goods.
- Article 5The Article specifies four categories entitled to register their trademarks: nationals of the Council states, resident foreigners authorized to work, nationals of states party to certain international conventions, and public interests.
- Article 6The Article establishes the trademark register at the competent authority, specifies what is recorded in it, and gives every interested party the right to inspect it and obtain a certified extract.
- Article 7The Article treats whoever registers a mark in good faith as its owner, bars disputing it after five years of use without a court dispute, and lets the earlier user request cancellation within five years.
- Article 8The Article requires the application to register a mark to be submitted to the competent authority on the prescribed form, by the interested party or his representative, under the conditions of the Implementing Regulations.
- Article 9The Article allows a mark to be registered for one or more classes of goods or services under the Regulations, and provides that being in the same class or in different classes is not by itself enough to judge goods similar or different.
- Article 10The Article requires all applications submitted at the same time to register the same or close marks for one class to be suspended until a certified waiver is submitted in favor of one applicant or a final judgment is issued.
- Article 11The Article allows the applicant or his successor to claim a right of priority based on an earlier application in a state party to a certain international convention, by attaching a copy and a declaration of its details within six months, or the right lapses.
- Article 12The Article allows the competent authority to impose restrictions and amendments on the mark, treats the applicant as having waived if he does not reply within ninety days, and requires written reasons for refusal and a decision on a complete application within ninety days.
- Article 13The Article allows a grievance against a decision refusing registration or making it conditional, within sixty days before a committee set by the Regulations, then an appeal to the competent court within sixty days, or the applicant is considered to have waived.
- Article 14The Article requires an accepted mark to be published before registration at the applicant's expense, allows a written objection within sixty days of publication, and requires the applicant to reply within sixty days or be considered to have waived.
- Article 15The Article requires the competent authority to decide the objection by accepting or refusing registration, allows an appeal to the competent court within thirty days, and provides that appealing an acceptance does not stay registration unless the court decides.
- Article 16The Article requires the competent authority to register the trademark immediately on expiry of the objection period if no objection to acceptance of its registration application was submitted.
- Article 17The Article provides that registration takes effect from the application date, specifies the details of the registration certificate, and gives the owner an exclusive right to use the mark and to prevent others from using it or a similar sign that causes confusion.
- Article 18The Article allows the owner of a registered mark to request an addition or amendment at any time provided it does not materially affect the mark's identity, and the request and its decision are treated like original registration applications.
- Article 19The Article allows the competent authority to add what was omitted from the register and amend or delete incorrect details, and every interested party may appeal its action before the competent court.
- Article 20The Article sets the protection period at ten years, renewable on request in the last year or the six months after expiry or the mark is cancelled, and renewal takes place without a new examination.
- Article 21The Article gives temporary protection to marks placed on goods displayed at official or officially recognized international exhibitions within the state for the duration of the display, once they meet the registration conditions.
- Article 22The Article allows the competent authority and every interested party to request a judgment cancelling a mark registered without right, subject to Article 7, and cancellation takes place once a final judgment is submitted.
- Article 23The Article allows the mark owner to request cancellation in whole or in part, and a mark licensed under a contract noted in the register is cancelled only with the licensee's written consent unless he expressly waives.
- Article 24The Article allows the competent court, at the request of any interested party, to order cancellation of a mark proved not to have been seriously used for five consecutive years, unless the owner provides a justification for non-use.
- Article 25The Article bars re-registering a cancelled mark for others for the same or similar goods or services before three years pass from cancellation, unless the cancellation was by a judgment that set a shorter period.
- Article 26The Article requires cancellation of a trademark from the register to be publicized by the means of publication specified by the Implementing Regulations of the Law.
- Article 27The Article allows transfer, pledge and attachment of a mark with the business unless otherwise agreed, and transfer by inheritance, bequest and gift, with none binding on third parties until noted in the register and publicized.
- Article 28The Article provides that a sale of the business includes the marks closely connected with it and that the seller may keep the mark and continue his activity under it, all unless otherwise agreed.
الباب الثالث: عقود الترخيصArticles 29–33
- Article 29The Article allows the mark owner to license its use while keeping the right to license others and use it himself unless otherwise agreed, and the license period may not exceed the mark's protection period.
- Article 30The Article bars restrictions on the licensee unrelated to the mark's registration rights or protection, and permits specifying the area or period, quality control conditions, and refraining from harming the mark.
- Article 31The Article requires a trademark license contract to be in writing to be recognized, does not require it to be noted in the register, and refers how it is noted and publicized, when done, to the Implementing Regulations.
- Article 32The Article bars a licensee of a trademark from assigning the license to others or granting sub-licenses, unless the parties agree otherwise.
- Article 33The entry of a trademark license contract is cancelled from the register at the request of the owner or the licensee after proof that the contract has ended or been terminated, and after notifying the other party, who may object.
الباب الرابع: العلامات الجماعية وعلامات المراقبة وعلامات الهيئات ذات النفع العام والمؤسسات المهنيةArticles 34–37
- Article 34The Article allows registering collective marks used by the members of an entity with legal personality, and governs the application, the conditions of use and the cases of cancellation by court order.
- Article 35The Article allows legal persons who control or inspect goods or services to register a mark indicating the control or inspection, with the approval of the competent authority.
- Article 36The Article allows registering marks for non-commercial purposes, such as the emblems of public-benefit bodies or the insignia of professional institutions and their correspondence.
- Article 37The Article allows geographical indications to be a certification or collective mark, and refers to the Implementing Regulations the conditions for registering the marks in Articles 34, 35 and 36.
الباب الخامس: إنفاذ الحقوقArticles 38–41
- Article 38The Article lets the mark owner ask for customs release of counterfeit goods to be suspended, allows customs to do so on its own, and governs the deadlines, the security and destruction.
- Article 39The Article excludes from customs release suspension procedures small non-commercial quantities in travelers' luggage or small parcels, and goods put on the market in the exporting country by the right holder or with his consent.
- Article 40The Article allows the right holder to obtain an order on petition for precautionary measures against infringement of his mark or to forestall it, and governs the periods for deciding, grievance, security and filing the case.
- Article 41The Article allows a right holder harmed by infringement to claim compensation including the infringer's profits, and gives the court powers to seize, stop the infringement, compel information and destroy counterfeit goods.
الباب السادس: العقوباتArticles 42–44
- Article 42The article sets prison and fine penalties for forging or imitating registered marks and using them in bad faith, with lighter penalties for knowingly selling imitation goods and other violations.
- Article 43The article doubles the maximum penalty for anyone who repeats a similar violation within 3 years of a final judgment, and adds closure of the shop and publication of the judgment at their expense.
- Article 44The article allows a person subjected to precautionary measures to claim compensation from a bad-faith claimant within 90 days, and bars release of the financial guarantee to the claimant until that claim is resolved.
الباب السابع: أحكام ختاميةArticles 45–52
- Article 45The article gives employees designated by a decision the status of judicial police officers and the right to enter relevant premises to catch violations, and requires the authorities to facilitate their work.
- Article 46The article allows the competent authority to create an electronic system and a publicly available database, including an online one, for filing, renewing and following up trademark applications.
- Article 47The article recognizes marks registered under the laws and regulations in force before this law took effect, and gives them the protection it provides.
- Article 48The article subjects trademark applications filed before the law took effect and not yet decided to its provisions, to be amended to conform with them.
- Article 49The article provides that the law does not prejudice the rules and obligations in the bilateral and international agreements in force in the state.
- Article 50The article refers to the Implementing Regulations the setting of the fees collected for procedures carried out under the Trademarks Law and its regulations.
- Article 51The article gives the Commercial Cooperation Committee the right to interpret the Trademarks Law and propose amendments to it.
- Article 52The article provides that the Commercial Cooperation Committee is the body that issues the Implementing Regulations of the Trademarks Law.
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