News & insights
Saudi Arabia: New Deadline for Submitting Priority Documents and POAs
March 18, 2014
The Saudi Trademark Office (TMO) has recently announced that the new deadline for submitting priority documents and powers of attorney will be 90 days from notification date received from the TMO. Previously, the power of attorney and priority document had to be submitted within 30 days from filing date. This comes as a result of the introduction of the electronic system of filings which allows applicants to fill-out an on-line application form, check and review it for accuracy and precision, and then submit it directly over the Internet.
For further information, we list below the statutory requirements of a trademark application (be it a registration, renewal, recordal of assignment or a recordal of change of name/address) at the Saudi Trademark Office.
1. Power of attorney, legalized. A general power may be used for subsequent filings.
2. Copy of priority document, if priority is claimed, certified.
3. Electronic print of the mark for each application.
Document 3 must be submitted at the time of filing. A scanned colored copy of Documents 1 and 2 must be submitted at the time of filing, the original copies may be submitted within 90 days from notification date.
Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions must be filed before the Board of Grievances (First Instance Court) within 90 days from publication date.
Extension of Time
Extension of time for oppositions/counter oppositions or for responding to office actions is not possible.
Trademark registrations are valid for 10 Hijri years (approximately 9 years and 8 months) from filing date and are renewable for like periods. There is a grace period of 6 lunar months for late renewals with payment of a surcharge.
Documents required for renewal: Power of attorney, legalized; and original Saudi registration certificate of the mark for endorsement.
Use of a trademark is not required for registration or renewal of a mark. However, a trademark is 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 the date of filing for cancellation.
An official search may be conducted for word marks and devices. It takes approximately 3-7 working days for the results to be available. A separate application is required for search in each class. The search report discloses similar and identical trademarks.
A trademark may be subject to cancellation by any interested party before the Board of Grievances if it can be established that the mark was not rightfully registered.