Trademark Opposition in Saudi Arabia: Deadline and Steps

You look through the trademark gazette and find a name that differs from your mark by one letter, for the same products. If you stay silent now, a year later you may be competing with a registered mark that benefits from your reputation. The opposition period is short, and acting within it is easier than at any later stage.

The direct answer: you can file a written opposition with the competent authority within 60 days of the date the mark is published (Article 14 of the GCC Trademark Law). The authority decides after hearing both parties. Anyone who does not accept its decision can challenge it before the court within 30 days of being notified (Article 15). If you miss the deadline, you can still file a cancellation case, but it is longer and harder.

What is the trademark opposition period in Saudi Arabia?

Any interested party may file a written opposition to the registration with the competent authority within 60 days of the publication date. The authority sends a copy to the applicant within 30 days, and the applicant must reply in writing within 60 days of being notified, or the application is treated as withdrawn (Article 14). If the opposition period ends and no one has opposed, the mark is registered immediately (Article 16).

How is a trademark opposition decided?

The competent authority decides the opposition after hearing the opponent and the applicant, or one of them when needed. It then accepts or refuses the registration, and when it accepts it may impose restrictions. Any interested party may challenge the authority's decision before the competent court within 30 days of being notified. A challenge to a decision accepting the mark does not stop the registration process unless the court decides otherwise (Article 15). The court that hears cases under intellectual property laws is the Commercial Court (Article 16 of the Commercial Courts Law).

What makes a trademark opposition stronger?

The legal basis for an opposition is usually Article 3(11): a mark may not be registered if it is identical or similar to a mark already filed or registered for related goods or services, where its use would create an impression of a link between the products or harm the interests of the owner of the earlier mark. If your mark is well known, its protection is wider and may extend to goods that are not similar (Article 3(13) and (14), and Article 4). Prepare:

• Your registration certificate, its date and the classes covered, or the filing date of your application if it is not yet registered.
• A visual, phonetic and conceptual comparison of the two marks, because consumers remember the sound and the overall impression, not the details.
• Evidence that the goods or services, sales channels and target customers are similar.
• Evidence that your mark is well known, or of real confusion among customers, such as messages or reviews sent to you by mistake.

A company sells perfumes under the registered mark "Nasam", registered since 2021. The trademark gazette publishes the mark "Naseem" for air fresheners, and both products are sold in the same shops.

The company files its opposition on day 40 after publication. It attaches a phonetic comparison of the two names, photos of shelves showing both products side by side, and three messages from customers asking whether "Naseem" is a new line of its products.

This kind of evidence is much stronger than simply saying the two names are similar.

I missed the opposition deadline: have I lost my rights?

Not necessarily. The competent authority and any interested party may ask the court to cancel a mark that was registered without right (Article 22). A person who used the mark first can ask for cancellation of the registration within five years of the registration date, unless it is proved that they accepted the other party's use (Article 7). You can also ask for removal of a mark that has not been seriously used for five consecutive years without a valid reason (Article 24). But these cases take longer, so opposing on time costs you less.

What if the similar mark is already being used in the market?

The law punishes anyone who forges a registered mark or imitates it in a way that misleads the public, or who uses a forged or imitated mark in bad faith, with imprisonment from one month to three years and a fine from SAR 5,000 to SAR 1 million, or one of the two (Article 42(a)). Anyone who knowingly sells or offers for sale goods bearing an imitated mark faces imprisonment from one month to one year and a fine from SAR 1,000 to SAR 100,000, or one of the two (Article 42(b)). For a repeat offence, the penalty can be up to double the maximum, with closure of the shop for 15 days to six months (Article 43).

The owner of the right may ask the court for precautionary measures, such as a description of the infringement, seizure of the goods and an order to stop the infringement. Except in exceptional cases, the court decides the request within ten days. The owner must then file the main case within 20 days of the order, or the order is cancelled at the request of the defendant (Article 40). The owner may also claim compensation for the damage, including the profits the infringer made (Article 41).

A precautionary measure cuts both ways. A person who uses it in bad faith may face a claim for compensation from the other party within 90 days under Article 44. Ask for it only when you have a clear basis.

This is general information based on the official Arabic texts of Saudi laws, which prevail over any translation. It is not legal advice for your specific case.

Practical solutions for both sides

If you are the owner of the earlier mark:

• Check the trademark gazette regularly and oppose within the 60 days.
• File a written opposition supported by a comparison and evidence of real confusion.
• If the mark is accepted despite your opposition, challenge the decision before the Commercial Court within 30 days of being notified.
• If the other party has started using the mark, consider a precautionary measure, a compensation claim and a criminal complaint.

If you are the applicant facing the opposition:

• Reply to the opposition in writing within 60 days of being notified, or your application is treated as withdrawn.
• Show the distinctive elements of your mark: sound, shape, meaning and a different customer base.
• Offer restrictions on the classes or a change to the mark if that solves the dispute.
• A coexistence agreement between the two marks may cost less than a long dispute.

The opposition period is short and cannot be recovered. Send us on WhatsApp an image of your mark, the published mark and the publication date, and we will assess the strength of an opposition with you before the deadline ends.