Trademark Registration in Saudi Arabia: Refusal and Appeal

You spent money on a logo, a brand identity and shop signs. One year after opening, you receive a letter from someone who registered a similar mark before you, asking you to stop. Or the opposite: you filed an application for your mark and received a notice that it was refused because it is "similar to an earlier mark" or "lacks distinctive character". With trademarks, being first to register often matters more than being first to use.

The direct answer: if your application is refused, you can file a grievance with the Grievance Committee within 60 days of being notified of the refusal. If the committee rejects it, you can challenge its decision before the competent court within 60 days of being notified of that decision (Article 13 of the GCC Trademark Law). If you stay silent until the deadline passes, your application is treated as withdrawn and you must start again.

Which law governs trademarks in Saudi Arabia, and who registers them?

Saudi Arabia applies the Trademark Law of the GCC States (قانون (نظام) العلامات التجارية لدول مجلس التعاون), issued by Royal Decree No. M/51 of 1435H, which replaced the earlier national trademark law, together with its Implementing Regulations. The Saudi Authority for Intellectual Property (SAIP) registers intellectual property rights and issues protection documents under its organisational rules issued by Council of Ministers Resolution No. 496 of 1439H.

The following may register a mark: Saudi and GCC nationals, a foreigner resident in the Kingdom who is licensed to carry on the activity, and a person who belongs to a country that is a member of an international convention to which Saudi Arabia is a party (Article 5). A mark is registered for one or more classes of goods and services. Goods are not considered similar just because they are in the same class, and they are not considered different just because they are in two different classes (Article 9).

How long does trademark registration take in Saudi Arabia?

1. You file the application with the competent authority. It must decide within 90 days of filing, if the application is complete (Article 12).
2. If the authority asks for restrictions or amendments and you do not respond within 90 days of being notified, your application is treated as withdrawn. If it refuses the mark or makes registration subject to a condition, it must tell you the reasons in writing (Article 12).
3. After acceptance, the application is published. Any interested party may file an opposition within 60 days of publication. You must reply to the opposition in writing within 60 days of being notified of it, or your application is treated as withdrawn (Article 14).
4. If the opposition period ends without any opposition, the mark is registered immediately, and registration takes effect from the filing date (Articles 16 and 17).

Why are trademarks refused in Saudi Arabia?

Article 3 lists what cannot be registered. The reasons you will meet most often in practice are:

• A mark with no distinctive character, or one that is only the usual name of the product, such as "Specialty Coffee" for a coffee shop.
• A mark that is identical or similar to a mark already filed or registered for related goods or services, if its use suggests a link between the two products.
• A copy, imitation or translation of a well-known mark owned by someone else.
• Geographical names that cause confusion about the origin of the goods, or statements that mislead the public about the origin or qualities of the product.
• Another person's name, picture or emblem without their consent or the consent of their heirs.

How do you appeal a trademark refusal in Saudi Arabia?

You file the grievance within 60 days of being notified of the refusal, or of the decision to make registration subject to a condition. It goes to the Grievance Committee formed by the competent minister under the Implementing Regulations. If the committee rejects your grievance, you can challenge its decision before the competent court within 60 days of being notified of it. Cases under intellectual property laws fall within the jurisdiction of the Commercial Court (Article 16 of the Commercial Courts Law).

A successful grievance answers the exact reason for refusal. If the reason is similarity, compare the two marks in sound, appearance and meaning, and show the differences in the goods, sales channels and customers. If the reason is weak distinctiveness, provide evidence that the public now knows your product by this mark. Sometimes it is cheaper to accept a restriction on the classes, or to change one element of the logo, instead of a long dispute.

A restaurant applied to register "Riyadh Burger" for restaurant services. The application was refused because the phrase is descriptive and includes a geographical name.

The owner amended the application to a distinctive logo with an invented name and a special design, and kept "Riyadh" as an unprotected element. The application was accepted.

If he had filed a grievance for the first mark as it was, he would have had to prove that the phrase had acquired distinctiveness among the public, which is much harder.

How long does trademark protection last, and how do you renew it?

Registration protects the mark for ten years. The owner can renew it for similar periods by applying during the last year of protection. Renewal is made without a new examination and without considering oppositions from others. If you miss the last year, you can still renew within the six months after the registration expires. If those six months pass without an application, the mark is removed from the register (Article 20).

Registration does not protect you forever if you do not use the mark. At the request of any interested party, the court may order the mark removed if it has not been seriously used for five consecutive years without a valid reason (Article 24).

I used the mark first, but someone else registered it: what can I do?

Article 7 gives the person who used the mark first the right to ask the court to cancel the other party's registration within five years of the registration date, unless the registered owner proves that the first user accepted, expressly or implicitly, the other party's use. After five years of registration combined with use, without a court dispute, the ownership of a person who registered in good faith can no longer be challenged. So do not delay.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for applicants and trademark owners

If you are a new brand owner or your application was refused:

• Search for similar registered marks before you print anything or invest in the brand.
• Register the mark in the classes where you actually work and the ones you plan to expand into.
• If the application is refused, read the written reason, then file a grievance within 60 days with specific grounds, or amend the mark.
• If someone registered before you but you used the mark first, collect evidence of the date you started using it before five years pass from their registration.
• Put the renewal date in your calendar before the ten years end.

If you are the owner of a registered mark:

• Watch the trademark gazette during the 60-day opposition period and oppose similar marks.
• Use your mark in real business and keep evidence of use, so it cannot be removed for non-use.
• If you allow others to use your mark, sign a written licence and record it in the register.

Getting registration right from the start avoids long disputes. If you received a refusal decision, send a copy on WhatsApp with your mark and a short description of your business, and we will review the options for a grievance or an amendment with you before the deadline.