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Saudi Arabia - Jurisdictions

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Saudi Arabia
Jurisdiction

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TRADEMARK
Registration
    Information:
    • MEMBERSHIP:
      WIPO, TRIPS and Paris Convention
    • CLASSIFICATION:
      10th edition – single class application.
      Class 33, alcoholic goods in class 32, pork meat in class 29, and Christmas trees and related products in class 28 cannot be registered
    • CLAIMING PRIORITY:
      Possible
    • SEARCH/TIME FRAME:
      Possible for word and device marks / 7 – 10 working days
    • EXAMINATION:
      On formal, absolute, and relative grounds
    • EXTENSION OF TIME:
      Not possible for filing oppositions, counter oppositions, and responding to office actions
    • VALIDITY:
      10 Hijri years (approximately 9 years and 8 months) from filing date and renewable for like periods
    • RENEWAL:
      For unlimited period of 10 Hijri years each
    • GRACE PERIOD:
      6 Hijri months from the protection’s expiry date.
    • USE:
      Vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding date of filing for cancellation
    Requirements:
    1. A Power of Attorney duly legalized up to Saudi Arabian Consulate; and
    2. Fifteen prints of the mark.
      • The legalized POA must be filed together with the application.
      • One legalized POA is sufficient for filing any number of trademark applications simultaneously or separately, in the name of the same applicant.
    Time frame:
    1. Filing up to Examination: 1 week
    2. Examination up to Publication: 2-5 weeks
    3. Opposition Period: 90 days from the publication date
    4. End of opposition period up to issuance of registration certificate: 1 month
    5. Total estimated time frame: 7-8 months
      6. The above time frame is for a normal/smooth processing of a trademark application, in case of no objections by the trademark examiner or no oppositions from a third party.
Renewal
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Saudi Arabian Consulate; and
    2. Certificate of registration for endorsement.
Change of Name or Address
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Saudi Arabian Consulate;
    2. Certificate of change of name, legalized; and
    3. Certificate of registration for endorsement.
Assignment
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Saudi Arabian Consulate;
    2. Deed of assignment, legalized; and
    3. Certificate of registration for endorsement.
Merger
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Saudi Arabian Consulate;
    2. Certificate of merger, legalized; and
    3. Certificate of registration for endorsement.
License
    Filing Requirements:
    1. A Power of Attorney duly legalized up to Saudi Arabian Consulate;
    2. License agreement, legalized; and
    3. Certificate of registration for endorsement.
PATENT
Information
    Information:
    • EQUIVALENT SEARCH:
      Official search among granted and published patents is possible by patentee name, title, subject matter, priority/PCT number
    • EXAMINATION:
      As to form, novelty, inventive step and industrial applicability
    • PUBLICATION:
      Patents are published in the Official Gazette after substantive examination and before grant
    • OPPOSITION:
      No provisions
    • ANNUITIES:
      Due yearly between January 1 and March 31 with a 3 - month grace period for late payment with a surcharge
    • PROTECTION TERM:
      20 years from the international filing date
    Requirements:
    1. A Power of Attorney duly legalized up to the Saudi Arabia Consulate;
    2. A Deed of Assignment from the inventor (s) duly legalized up to the Saudi Arabian Consulate; and
    3. Two copies of specifications, claims, abstract and drawings in English and Arabic.
Change of Name or Address
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the Saudi Arabia Consulate (if new name); and
    2. Certificate of change of name/address, legalized.
Assignment
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the Saudi Arabia Consulate (From assignor and/or assignee); and
    2. Deed of Assignment, legalized.
Merger
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the Saudi Arabia Consulate (If new moral entity formed); and
    2. Certificate of Merger, legalized.
License
    Filing Requirements:
    1. A Power of Attorney duly legalized up to the Saudi Arabia Consulate (From licensor and/or licensee); and
    2. License agreement, legalized.
DESIGN
Information
    Information:
    • DURATION:
      10 years from filing date
    • EXAMINATION:
      As to form and novelty
    • APPLICATION WITH MULTIPLE FIGURES:
      Inadmissible
    • ANNUITIES:
      A maintenance fee is due annually on designs, and is payable the first 3 months of each calendar year following the year the design application was filed. There is a 3-month grace period for late payment with a surcharge
    • RENEWAL:
      Not possible
    Requirements:
    1. A Power of Attorney duly legalized up to the Saudi Arabian Consulate;
    2. A Deed of Assignment duly legalized up to the Saudi Arabian Consulate, if the applicant is not the designer;
    3. Three copies of the description of the model or design together with relevant drawings, if any; and
    4. A brief description of the design with its novelty aspects.
      • Figures, drawings, or photos and description of the design must be submitted at the time of filing, remaining documents may be submitted within 3 months from filing date.
COPYRIGHT
Information
    Information:
    • MEMBER OF BERNE CONVENTION:
      Yes
    • REGISTRATION:
      No registration formalities available
    • DURATION:
      In general, the duration is the artist’s life with the addition of 50 years following the artist’s date of passing
    • WORKS PROTECTED:
      Written materials like books, booklets and others; Works which are verbally delivered like lectures, speeches, poetry, songs and the like; Dramatic works, plays, shows and similar presentations which involve motion, sound or both; Works which are especially prepared for broadcasting or are presented through broadcasting; Drawings, works of plastic arts, architecture, decorative art and artistic embroidery and the like; Sound and audiovisual works; Applied art works, whether handcrafted or manufactured; Photographic works and the like; Illustrations, geographical maps, designs, plans, sketches and sculptured works related to geography, topography, architecture and science; Three dimensional works of geography, topography, architecture or science; Computer programs.
    • LIMITATIONS ON PROTECTIONS:
      Laws and Judicial judgments, decisions of administrative bodies, international agreements and all official documents, as well as the official translations thereof, subject to the provisions concerning the circulation of these documents; Anything published in newspapers, magazines and periodicals, or broadcasted in daily news or news-like events; Ideas, procedures, work methods, concepts of mathematical sciences, axioms and abstract facts
    • PENALTIES:
      Penalties include payment of fines of up to 250,000 Riyals (approximately 66,000 US Dollars), as well as legal prosecution resulting in a maximum of 6-months imprisonment terms
    Requirements:
    1. A Power of Attorney duly legalized up to Saudi Arabian Consulate;
    2. A certified copy of home registration of the copyright;
    3. Permission from the Ministry of Information allowing the distribution of the software or work; and
    4. Two copies of the software or work.
DOMAIN NAME
Requirements
    Requirements:
    1. Application Form;
    2. A Power of Attorney duly legalized up to the Saudi Consulate;
    3. An authorization letter from the applicant addressed to SaudiNIC Administration requesting the domain name; and
    4. Copy of the trademark/service mark Certificate of Registration.
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