WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/SAU/I/1 
14 November 2006 
 (06-5481) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
SAUDI ARABIA 
  The present document reproduces the text
1 of the Law of Trademarks (including provisions 
on Geographical Indications), Royal Decree No . M/21, 28 Jumada I 1423 / 7 August 2002, which 
Saudi Arabia has notified under Article 63.2 of the Agreement (see document IP/N/1/SAU/1). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
ARABIE SAOUDITE 
  Le présent document contient le texte
1 de la Loi sur les marques de fabrique ou de commerce 
(incluant des dispositions sur les indicati ons géographiques), Décret royal n° M/21, 
28 Jumada I 1423/7 août 2002, notifiée par l'Arabie sa oudite au titre de l'article 63:2 de l'Accord (voir 
le document IP/N/1/SAU/1). 
 
 Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
ARABIA SAUDITA 
  En el presente documento se reproduce el texto
1 de la Ley de Marcas de Fábrica o de 
Comercio (incluidas disposiciones sobre las indicaciones geográficas), Real Decreto Nº M/21, 
28 Jornada I 1423/7 de agosto de 2002, que Arabia Sa udita ha notificado en virtud del párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/SAU/1). 
                                                      
 1 In English only.  The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat./En anglais seulemen t.  Les délégations intéressées peuvent consulter le 
texte dans sa langue d'origine, au Secrétariat de l'OM C./En inglés solamente.  Las delegaciones interesadas 
podrán consultar en la Secretaría de la OMC el texto en su idioma original. IP/N/1/SAU/I/1 
Page 2  
 
   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE LAW OF TRADEMARKS 
 
 
Royal Decree No. M/21 
28 Jumada I  1423/7 August 2002 
 
 
 
 
 
 
      
 
 
 
 
    IP/N/1/SAU/I/1 
 Page 3 
 
 
  Part  One  
General Provisions 
 
Article 1: 
 
In implementing the provisions of this Law, tr ademarks shall be names of distinct shapes, 
signatures, words, letters, numbers, drawings, sym bols, stamps and protruding inscriptions or any 
other sign or combination thereof which can be recognized by sight and suitable to distinguish 
industrial, commercial, vocational or agricultural pr oducts or a project to exploit forests or natural 
resources or to indicate that the object upon which the trademark is put belongs to the owner of the trademark on grounds of manufacture, selection, invention thereof or trading therewith or to indicate the rendering of a certain service 
 
Article 2: 
 
The following signs, emblems, flags and others as listed below shall not be considered or 
registered as trademarks: 
a. Signs without any specific distinction and which are descriptions of characteristics or 
which are no more than common names which are by custom given to the products or 
services. 
b. Any expression or sign or drawing violating re ligion , or which is identical or similar 
to a symbol of religious nature. 
c. Any expression, sign or drawing inconsistent   with public order or public morality. 
d. Public emblems, flags and other signs, names or denominations pertaining to the 
Kingdom or pertaining to one of the countries with which it has reciprocal treatment 
or pertaining to one of the countries being a member of a multi-lateral  international 
treaty in which the Kingdom is a party or pertaining to an international or 
governmental organization and also any imitation to these emblems, flags, symbols, 
names and denominations unless permitted by such owner. 
e. Official signs and imprints of the Ki ngdom and the countries and organizations 
referred to in paragraph (d), if these signs and imprints pertain to its control over the 
products or services or the guarantee thereof unless permitted by the owner thereof.  
This prohibition does not apply unless the tradem ark is intended to be put upon the products 
themselves or the services or upon similar products or services. IP/N/1/SAU/I/1 
Page 4  
 
  f. Geographical names if their use is liable to create confusion  as to the source of the 
products or services or their origin or liable to monopolize notice of origin or name 
the source without rightful justification. Th e pictures of others or their personal or 
trade names unless they or their heirs agree to such use.  
g. Statements relating to honorary degrees. 
h. Statements that are liable to mislead the pub lic or contain false information as to the 
source of the products or services or other descriptions of the products or services as 
well as trademarks that contain a fictitious, imitated or forged trade name. 
i. Trademarks that are identical or similar to trademarks well-known in the Kingdom 
even if they are not registered in it in connection with identical or similar goods or 
services and trademarks that are identical or similar to trademarks well-known in the 
Kingdom and registered in it in connection with goods or services that are not 
identical or similar provided that this use causes injury to the owner of the well-
known trademark. 
j. Trademarks owned by natural or juristic pe rsons with whom dealing is prohibited in 
accordance with a decision issued  by the competent authority. 
k. Signs identical or similar to trademarks already filed or registered by others in 
connection with identical or similar products or services as well as signs whose registration for certain products or servi ces would reduce the value of products or 
services of others.    IP/N/1/SAU/I/1 
 Page 5 
 
 
  Part Two 
Procedures of 
Registration and Publicizing of Trademarks 
 
Article 3: 
 
 A register shall be set up at the competent department of the Ministry of Commerce to be 
called: “Trademarks Register”.  In which shall be recorded all registered trademarks and notices of 
assignment of ownership, transfer, mortgage, attachme nt, or license to use them and also their renewal 
and cancellation and all information provide d for in the Implementing Regulations. 
Article 4: 
 
 The following categories shall have the right to register trademarks. 
1) Natural or juristic pers ons of Saudi nationality. 
2) Persons regularly residing in the Kingdom a nd permitted to engage in any commercial or 
vocational activities. 
3) Nationals of countries which treat the Kingdom on reciprocal basis. 
4) Nationals of a country which is a member to an  international multi-lateral treaty, in which the 
Kingdom is a party to or persons who reside in that country.  
5) Public agencies. 
 
Article 5:  A registration application for every tradem ark meeting the conditions provided for in 
Article 1 of this Law may be filed by the indivi dual concerned if he is domiciled in the Kingdom or 
by an official agent domiciled in it with the compet ent department  at the Ministry of Commerce in 
accordance with conditions and procedures speci fied in the Implementing Regulations . 
Article 6: 
 The Application for registration of a trademark may be made for one or more categories of products or services, but a separate application sh all be submitted for each such class in accordance 
with the conditions and procedures provide d for in the  Implementing Regulations.  
Article 7: 
 One application may be filed to register a group of  trademarks if they are identical as to their 
essential elements and differ only in ways that do not  affect their character such as colour or the 
details of the products or services related thereto provided that these products or services belong to the 
same class. IP/N/1/SAU/I/1 
Page 6  
 
  Article 8: 
 In case of two or more persons simultaneously apply to register the same trademark or similar 
trademarks that cause confusion for the same class of products or services and the applications are of 
the same date of depositing or same date of priority , the registration application shall be suspended 
until one of the applicants presents a written statemen t from the other(s) legally endorsed to the effect 
that they waive their application or until a final judgment is rendered by the Board of Grievances in 
favour of the registration  of one of them. 
 
Article 9: 
  If an applicant for registration of a trademar k or his successor desires to enjoy the right of 
priority on grounds of a previous application deposite d with another country which is a member of an 
international multi-lateral treaty to which the Kingdom  is a party or another country which treats the 
Kingdom reciprocally, he shall enclose with his app lication a statement wherein he mentions the date 
and number of the previous application and the state wherein he deposited the application. The 
applicant shall also deposit a copy of the prev ious application duly endorsed by the competent 
authority in the state wherein it was filed within six months of the date on which he filed the 
registration application on account of which he claims  the priority right; otherwise his right to the 
claim will be forfeited. 
Article 10: 
  The competent department at the Ministry of Commerce shall, within a period of sixty days 
after submission of the application, decide on the application if it meets the conditions and procedures 
provided for in this Law and the Implementing Regulations. 
Article 11: 
 If the competent department is of the opinion that the registration application is not in 
accordance with the provisions of this Law, it shall notify the applicant in writing to that effect, and 
may request the satisfaction of the conditions or incorporation of  the amendments necessary for the 
approval of the registration application. 
Article 12: 
  If the applicant fails to respond to the request s of  the competent department to satisfy the 
conditions or incorporate the amendments within nine ty days from the date of his notification to this 
effect, his application shall be considered rejected   from  the date of expiration of this period.  IP/N/1/SAU/I/1 
 Page 7 
 
 
  Article 13: 
  The party concerned may file a grievance to  the Minister of Commerce against the decision 
rejecting his application within sixty days from the da te of notification thereof, and if the grievance is 
rejected by a decision issued by the Minister, the pa rty concerned shall have the right to appeal to the 
Board of Grievances within thirty days from the day of notification thereof. 
Article 14: 
  If registration of the trademark is accepted, the competent department shall publicize  this 
registration in the manner and in accordance with  the procedures specified in the Implementing 
Regulations and the applicant shall bear the cost of publicizing . 
Article 15: 
  Any interested party may object to the acceptan ce of registration of the trademark before the 
Board of Grievances within ninety days from the da te of publicizing and a copy of the objection and 
evidence of submission shall be deposited with the competent department  in the Ministry of Commerce. 
Article 16: 
  The competent department shall register the tr ademark in the register provided for in Article 
three of this Law after the decision accepting regist ration of the trademark becomes final or when a 
judgment to this effect is rendered by the Board of  Grievances. The registration shall be in accordance 
with the procedures and conditions specified in the Implementing Regulations. 
Article 17: 
  Once the registration is completed, the owner of the trademark shall be given a certificate 
containing the information specified by the Implementing Regulations, and in particular: 
l. The serial number of the trademark’s registration. 
m. The date of depositing the registration appli cation and the date of registration and the 
date of priority, if any. 
n. The commercial name or the name of the trademark owner, his place of residence and 
nationality. 
o. A copy of the trademark. 
p. Details of the products or services and the class for which the trademark is registered. IP/N/1/SAU/I/1 
Page 8  
 
  Article 18: 
  The owner of a registered trademark may requ est the competent department to introduce any 
additions or modifications thereon provided that they  do not substantially affect the character of the 
trademark. Such a request shall be subject to a ll conditions and procedures applicable to original 
applications for registration. 
Article 19: 
   Any interested party may peruse the register provided for in Article three of this Law and 
request information or copies of the records therein
. 
 
Part Three 
The Effect of Trademark Registration 
 
 
Article 20:  Registration of a trademark shall be effectiv e from the date of filing the application of 
registration. This date shall be determined in  accordance with the provisions of the Implementing 
Regulations . 
Article 21: 
  A person who has registered a trademark shall become its exclusive owner, and the use of a 
registered trademark by any person is subject to th e consent of its owner. The owner of a registered 
trademark shall have the right to file a lawsuit to  prevent others from using it or from using any other 
sign similar to it and liable to mislead the public as to the products or services for which the trademark 
is registered and as to similar products or services. The rights resulting from registration of the 
trademark do not include the fair use of the signs, statements and descriptive drawings which do not 
include the special characteristic of the registered trademark. 
Article 22: 
 The rights of a party resulting from registration of a trademark shall continue for ten years 
unless otherwise renewed.  
  IP/N/1/SAU/I/1 
 Page 9 
 
 
  Part Four 
Renewal and Cancellation of a Trademark 
 
Article 23: 
 An owner of a trademark may file an applicati on for renewal of its registration during the last 
year of its period of protection and for a subseque nt period of six months pursuant to the conditions 
and procedures provided for in this Law and its Implementing Regulations. 
Article 24: 
 The trademark shall be renewed without any ne w examination and the renewal of registration 
shall be publicized in accordan ce with the conditions and procedures provided for in the 
Implementing Regulations. 
Article 25: 
  The competent department and every interest ed party may request cancellation of a trademark 
registration in the following cases: 
q. If the owner of a trademark does not use it for a period of five consecutive years 
without a legitimate excuse. 
r. If a trademark was registered in violation of public order or public morality. 
s. If a trademark was registered through  fraud  or false information.  
 
The Board of Grievances shall have the jurisd iction to decide on requests for cancellation of 
registration. 
Article 26: 
  A trademark registration shall be cancelled by force of law in the following two cases: 
t. Trademarks whose registration were not rene wed in accordance with this Law and its  
Implementing Regulations. 
u. Trademarks owned by natural or juristic persons with whom d ealing is prohibited 
pursuant to a decision issued by the competent authority. 
Article 27: 
If a trademark is cancelled, it shall not be regi stered for the benefit of others for the same 
products, services, or for similar products or services except after the elapse of  three years from the 
date of cancellation, unless the decision  of cancellation specified a shorter period. IP/N/1/SAU/I/1 
Page 10  
 
  Article 28: 
  Cancellation of a trademark registration shall be publicized in accordance with the 
procedures and conditions provided for in the Im plementing Regulations. The cancellation shall be 
effective from the date of a judgment by the Board of Grievances, from the date of expiration of the 
protection period, or from the date on which the prohibition decision was issued.  
 
Part Five 
Transfer of Ownership, 
Pledge and Attachment of the Trademark 
 
Article 29: 
 
Ownership of the trademark may be transferred to  others by any event  or action transferring 
ownership, provided it is in writi ng and not intended to mislead the public, especially with respect to 
the nature, origin, characteristics or performance of the products and services.. 
Article 30: 
 
If the ownership of the place of business or the project for which a trademark is used to 
distinguish its products or services is transferred w ithout transfer of a trademark’s ownership, the 
party who continues to own the trademark may s till use it for products or services for which the same 
trademark was registered, unless otherwise agreed. 
Article 31: 
 
A trademark may be pledged or attached with or without the  place of business or the project 
for which the trademark is used to distinguish its products or services. 
Article 32: 
 
The transfer of ownership, pledge, or  attachme nt of a trademark  shall not take effect with 
respect to others except after its publicizing and its  being entered in the Register provided for in 
Article 3 of this Law. 
  IP/N/1/SAU/I/1 
 Page 11 
 
 
  Part Six 
Licenses for Trademark Use 
 
Article 33: 
The owner of a trademark may license any natural or  juristic person to use it for all or some of 
the products or services for which it was registered . The trademark owner shall have the right to 
license others to use it and shall have the right to  use it himself, unless agreed otherwise. The period 
of the license may not exceed the protection period of the trademark.  
Article 34: 
The license contract shall be in writing and the signatures, thumbprints, or stamps of the 
contracting parties shall be officially authen ticated in accordance with the provisions of the 
Implementing Regulations. 
Article 35: 
 
The license contract shall be recorded in the re gister provided for in Article 3 of this Law. 
The license shall not take effect towards others unless it is recorded in the register and publicized in 
accordance with the procedures and conditions pr ovided for in the  Implementing Regulations. 
Article 36: 
The licensee may not assign the license to ot hers or grant sub-licenses unless agreed 
otherwise. 
Article 37: 
The license registration shall be cancelled from the register upon a request by the trademark 
owner or the licensee after presenting evidence of expiration or termination of the license. The 
competent department shall notify the other party about  the request to cancel th e license. In this case,  
the other party shall have the right to object to this before the Board of Grievances, within thirty days 
from the date on which he was notified of the request to cancel. IP/N/1/SAU/I/1 
Page 12  
 
  Part Seven 
Jointly-Owned Trademarks 
 
Article 38: 
The Minister of Commerce may permit the registration of a trademark owned jointly by 
natural or juristic persons who control specific pr oducts, services or inspection thereof with respect to 
their origin, ingredients, method of manufacture, performance, descriptions or any other characteristic, in accordance with the procedures and conditions provided for in the Implementing 
Regulations.  
Article 39: 
A non-renewed jointly-owned trademark may not be registered for the benefit of others with 
respect to identical or similar products or services. 
Article 40: 
The provisions of this Law shall apply to the jo intly-owned trademarks provided that they are 
not inconsistent with their specific nature.  
 
Part Eight 
Fees 
 
Article 41: 
 
The fees due under the provisions of this Law shall be determined as follows:  
First: One thousand riyals for any of the following procedures: 
a. Application to register a trademark for one class. 
b. Application to register a jointly-owned trademark for one class. 
c. Request to examine a jointly-o wned trademark for one class. 
d. Review of the register with respect to one trademark for one class. 
e. Every copy of what is recorded in the regi ster with respect to one trademark for one 
class. 
f. Request to enter the transfer or assignment of ownership for one trademark with 
respect to one class. 
g. Request for a license to use a trademark fo r one class, and to enter a trademark under 
pledge according to Articles 31, 32, and 33 of this Law.  IP/N/1/SAU/I/1 
 Page 13 
 
 
  h. For every modification or addition in a trademark for one class, according to Article 
18 of this Law. 
i. Request to add or change any information for which no fee is  specified, in 
connection with one trademark for one class. 
j. Request to renew a registration of a trademark for one class during the six months 
that follow the period of its protection. 
 
Second:   Three thousand riyals for any of the following procedures: 
v. Application for a temporary protection of a trademark for one class. 
w. Registration of a trademark for one class. 
x. Registration of a jointly-owned trademark for one class. 
y. Renewal of registration of a trademark for one class. 
z. Renewal of registration of a jointly-owned trademark for one class. 
 
Article 42: 
Applications and procedures for which fees are determined in accordance with Article 41 of 
this Law shall not be acceptable or effectiv e except following payment of applicable fees . 
 
Part Nine 
Crimes and Punishments 
 
Article 43: 
Without prejudice to any harsher punishment, the following shall be punished with 
imprisonment for a period not exceeding one year and a fine not less than fifty thousand riyals and not 
exceeding one million riyals or with one of these punishments: 
k. Anyone who forges a registered trademark or imitates it in a way that misleads the 
public, and anyone who uses in bad faith a forged or an imitated trademark. 
l. Anyone who puts or uses, in bad faith, a trademark owned by another on his products 
or services. 
m. Anyone who offers, puts up for sale, or sells or possesses with intention of selling 
products carrying a forged, an imitated, or unlawfully put or used trademark, despite IP/N/1/SAU/I/1 
Page 14  
 
  his knowledge thereof as well as anyone who offers to render services under such a 
trademark despite his knowledge thereof. 
Article 44: 
Without prejudice to any harsher punishment, the following shall be punished with 
imprisonment for a period not exceeding three months and a fine not less than twenty thousand riyals and not exceeding two hundred and fifty thousand riyals, or with one of these punishments: 
a. Anyone who uses an unregistered trademark in  the cases specified in paragraphs (b, c, 
d, e) of Article 2 of this Law. 
b. Anyone who unlawfully inscribes on his trademarks or commercial papers a 
statement that would lead to the belie f that they have been registered. 
 Article 45: 
A repeat offender shall be punished with a punishment not exceeding twice the maximum 
punishment specified for the offense and closure of  the place of business or the project for a period 
not less than fifteen days and not exceeding six months, in addition to publicizing the judgment at the 
expense of the offender in accordance with the conditions and procedures provided for in the 
Implementing Regulations. 
Article 46: 
A repeat offender under the provisions of this La w is anyone who has been convicted of any 
of the offenses provided for herein and has again committed another, similar offense within three 
years from the date on which a final judgment on th e previous offense was rendered against him. 
Offenses provided for in Articles 43 and 44 of  this Law shall be deemed similar.  
Article 47: 
The public right of action shall be dropped after the expiration of five years from the date of 
the commission of the offense without taking any act of  investigation or prosecution. The fact that the 
public right of action is dropped shall not prejudice private rights. 
 
Article 48: 
Anyone who has suffered damage as a result of the commission of any of the offenses 
provided for in this Law may claim appropriate compensation for the damages sustained, from the 
person responsible for the offense.  IP/N/1/SAU/I/1 
 Page 15 
 
 
   
Article 49: 
An owner of a trademark may at anytime, even prior to  filing any civil or criminal lawsuit 
obtain- on the basis of a petition accompanied by an official document indicating the registration of the trademark- an order from the Board of Grie vances to take the necessary precautionary measures, 
especially the following: 
n. The preparation of a record of detailed d escription of equipments and tools which are 
or were used in committing the offense a nd the local and imported products or goods 
and papers on which the trademark in question was used. 
o. Seizure of the items referred to in paragra ph (a) provided that the seizure thereof shall 
not be effected until the claimant provides a security to be preliminarily estimated by 
the Board of Grievances to compensate th e party against whom the seizure is 
effected, if needed. It is permissible afte r the seizure is effected to contest the 
adequacy of the deposit made by the clai mant in accordance with the conditions and 
procedures provided for in the Implementing Regulations. The order of the Board of 
Grievances may include the assignment of one or more experts to assist the authority 
specified by the Implementing Regulations. 
 
Article 50: 
The precautionary measures taken by the trademar k’s owner shall be considered null and void 
if not followed by a civil or criminal lawsuit ag ainst the party against whom such measures were 
taken within ten days from the date on which the m easures provided for in Article 49 of this Law are 
taken.  
Article 51: 
The defendant may take measures against a ba d faith plaintiff requesting compensation to 
which the defendant might be entitled as a result of the measures provided for  under Article 49 of this 
Law, within ninety days after expiration of the pe riod provided for in Article 50 of this Law if the 
party making the seizure does not file his lawsuit or from the date on which a final judgment was 
rendered on the seizure lawsuit relating to the tr ademark. In all cases the security shall not be 
refunded to the seizing party except after rendering of  the final judgment in the lawsuit convicting the 
party against whom the seizure is effected, or af ter expiration of the period fixed for the defendant 
without filing the lawsuit, unless the judgment re ndered on the lawsuit of the seizure includes a 
decision relating to the issue of deposit.  IP/N/1/SAU/I/1 
Page 16  
 
   
Article 52: 
The Board of Grievances may, in any civil or criminal lawsuit, render a judgment to 
confiscate the seized items or those items seized afte rward, in order to deduct the value thereof from 
the damages or fines or to dispose of them in accordance with the conditions and procedures provided 
for in the Implementing Regulations. The Board of Grievances may order the publicizing of the 
judgment in one or more newspaper(s) at the expe nse of the party against whom the judgment is 
rendered. It may also order the destruction of the forged or imitated trademarks or marks wrongfully 
placed or used, and order, when necessary, the destru ction of the items carrying such trademarks even 
if a judgment of acquittal is rendered. 
Article 53: 
The Board of Grievances shall have jurisdiction to  decide all civil and criminal lawsuits and 
disputes arising out of the implementation of this Law as well as the imposition of the penalties specified herein for the violation of the provisions hereof. 
Article 54: 
The Bureau of Investigation and Prosecution sh all represent the public right of action in the 
criminal case for violation of the provisions of this Law.  
 
Part Ten 
Concluding Provisions  
 
Article 55: 
The Implementing Regulations shall include the procedures of temporary protection for any 
trademark used on the products or services on display at  national or internationa l exhibitions held in 
the Kingdom or in any of the countries which treat the Kingdom on reciprocal basis. Such exhibitions 
shall be specified by a decision of the Minister of Commerce.  
Article 56: 
The employees appointed by the Minister of Commerce shall have the powers of the judicial 
investigation officers as far as enfor cement of this Law is concerned. 
  IP/N/1/SAU/I/1 
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  Article 57: 
The Implementing Regulations of this Law shall be issued by a decision of the Minister of 
Commerce within sixty days after the date of its  issuance and shall be published in the Official 
Gazette. 
Article 58: 
This Law shall be published in the Official Gaze tte and shall come into effect after ninety 
days from its publication, and shall repeal the Tr ademarks Law issued by the Royal Decree No, M/5 
dated 4/5/1404.  
 
__________