From a legislative perspective, both the Saudi Trademark Law 2002 (Royal Decree M21/1423) and the GCC Trademark Law (Royal Decree M51/1435) are applicable in Saudi Arabia.
The Trademark Law 2002 is outdated, and inefficient in practice, as it assigns the Ministry of Commerce with trademark registration, publication, and cancellation, and the Board of Grievances with the handling of related administrative, criminal, and civil disputes. However, on 27 March 2017, the Saudi Authority for Intellectual Property (SAIP) was established to take over intellectual property matters from the Ministry of Commerce. Additionally, following judicial reforms in 2007 (Royal Decree M/78), the Board of Grievances was renamed the Administrative Court, with jurisdiction over criminal and commercial disputes transferred to the criminal and commercial courts, respectively.
The GCC Trademark Law takes precedence over conflicting regulations due to its alignment with international standards and detailed provisions, following the principle of lex posterior derogat priori. It offers more comprehensive provisions compared to the Trademark Law 2002, as detailed below:
The trademark registration procedures under the Trademark Law 2002 and the GCC Trademark Law are largely similar and include the following steps: (1) the trademark owner files an application, (2) SAIP examines and makes a preliminary decision, (3) SAIP publishes the trademark, (4) the trademark is registered after the opposition period lapses. The application process in Saudi Arabia is as follows:
While the GCC Trademark Law does not provide exhaustive grounds for cancellation, it aligns with the Trademark Law 2002. The Trademark Law, which specifies the cancellation circumstances, including (1) Non-use of the trademark for five consecutive years without a legitimate reason; (2) Registration in violation of public order or morals; (3) Registration based on false or fraudulent information.
Also, if the trademark owner fails to renew after expiration, or is prohibited from dealing, SAIP may cancel the registered trademark ex officio. A canceled trademark can only be re-registered for the same goods or services after 3 years from the cancellation date.