Introduction: The Trademark as a Strategic Asset in the Saudi Market

The Kingdom of Saudi Arabia is today one of the most attractive markets for foreign investment in the region, supported by legislative reforms, economic transformation, and ambitious initiatives under Vision 2030. As foreign companies and delegations enter the Saudi market, the trademark emerges as one of the most important intangible assets, no less significant than capital or operational infrastructure.

A trademark represents a project’s identity, reputation, and consumer trust. Any infringement or imitation may lead to substantial financial and reputational losses. Accordingly, the Saudi trademark system—supervised by the Saudi Authority for Intellectual Property (SAIP)—has established an integrated legal framework that ensures the protection of both local and foreign trademarks, in line with international treaties and agreements.

This article aims to clarify the legal procedures and requirements for registering trademarks for foreign companies and delegations in the Kingdom of Saudi Arabia, while highlighting the legal safeguards provided by the Saudi system to protect international brand identity.

First: The Legal Framework for Protecting Foreign Trademarks in Saudi Arabia

The Saudi trademark system is based on:

  • The GCC Trademark Law.

  • The approved executive regulations.

  • International treaties, such as the Paris Convention for the Protection of Industrial Property.

Under this framework, foreign trademarks enjoy the same legal protection granted to local trademarks, provided they are registered or recognized in accordance with the applicable regulations.

Second: The Requirement of Legal Representation for Foreign Companies

1. Mandatory Local Agent

In most cases, foreign companies may not submit a trademark registration application directly in the Kingdom unless they have a locally registered legal entity. Therefore, the system requires:

  • Appointing a licensed local agent (a lawyer or an accredited intellectual property agent).

  • The agent must be registered with the Saudi Authority for Intellectual Property.

The agent represents the foreign company before the Authority throughout all stages of registration, from filing the application to receiving the registration certificate.

2. Required Documents

The essential documents include:

  • A notarized copy of the foreign company’s articles of incorporation.

  • A formal power of attorney for the local agent.

  • A certified Arabic translation of the documents.

The documents must be authenticated by:

  • The competent authorities in the country of origin.

  • The Saudi embassy.

  • The Saudi Ministry of Foreign Affairs.

Failure to meet these requirements results in suspension or rejection of the application.

Third: Stages of Trademark Registration via the Saudi Authority for Intellectual Property (SAIP)

The trademark registration process goes through several precise stages to ensure there is no conflict with prior rights or public order.

1. Application Submission and Formal Examination

The application is submitted electronically through the Authority’s platform, specifying:

  • The form of the mark (word, figurative, or combined).

  • The class or classes of goods and services according to the Nice International Classification.

The Authority reviews the application to ensure:

  • Completeness of information.

  • Validity of documents.

  • Payment of the prescribed fees.

2. Substantive Examination of the Trademark

At this stage, verification is made to ensure that the mark:

  • Does not violate public order or public morals.

  • Is not identical or confusingly similar to a registered or previously filed trademark in the same class.

  • Possesses distinctiveness and is not purely descriptive of the product or service.

This is one of the most critical stages, as many applications are rejected due to similarity or lack of distinctiveness.

3. Publication and Opposition Stage

After preliminary acceptance:

  • The trademark is published in the official Intellectual Property Gazette.

  • A 90-day period is opened to receive oppositions from any interested party.

If:

  • No opposition is filed → registration proceeds.

  • An opposition is filed → it is examined according to detailed legal procedures, which may require legal memoranda and formal responses.

4. Issuance of the Registration Certificate

Upon successfully completing all stages:

  • A trademark registration certificate is issued.

  • The trademark acquires full legal protection within the Kingdom.

Fourth: Protection of Well-Known Trademarks

The Saudi system grants special attention to well-known trademarks, as they:

  • Enjoy protection even if not registered in the Kingdom.

  • Prevent the registration of any similar mark, even in different classes, if such registration would harm their reputation or exploit their fame.

This approach reflects the Kingdom’s commitment to international standards for intellectual property protection.

Fifth: Duration of Protection and Renewal

  • Trademark protection in Saudi Arabia lasts for 10 years.

  • It is renewable for similar periods without limitation.

  • A renewal application must be submitted during the last year of the protection period.

Failure to renew may result in:

  • Additional fees, or

  • Cancellation of the trademark due to neglect.

Sixth: Importance of Registration for Foreign Companies and Delegations

Trademark registration grants the foreign company:

  • An exclusive right to use the trademark within the Kingdom.

  • The ability to prevent counterfeiting and unfair competition.

  • A strong legal tool to file lawsuits and claim compensation.

  • Enhanced trust among consumers and local partners.

Conclusion: Registration as a Legal Safeguard for Foreign Investment

Registering a trademark in the Kingdom of Saudi Arabia is no longer a mere formality; it is a strategic and legal necessity for every foreign company or delegation seeking to enter the Saudi market with confidence and security. The Saudi Authority for Intellectual Property has provided a modern framework aligned with international standards, reflecting the Kingdom’s seriousness in protecting investors’ rights and promoting a fair and stable business environment.

Engaging a specialized lawyer or intellectual property agent remains a decisive factor in expediting procedures, avoiding legal errors, and ensuring the issuance of a registration certificate with the highest level of legal protection.