Conventions/Bodies: Paris Convention, WIPO, GCC Patent Office, UCT.
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Trademarks:
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| Law: |
Trade Marks Act of 2002 issued by Royal Decree No.M/21 of August 7, 2002. Implementing Regulations was issued by Ministerial Decision No.1723 dated October 6, 2002.
The above Trade Mark Act repealed the Trade Marks Act of 1984 (Royal Decree No. M/5 of February 5, 1984).
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| Classification: |
International Classification. However, registration of goods in class 33 is not possible/font> |
| 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). |
