A trademark is considered one of the most important intangible assets owned by institutions, companies, and even individuals, due to the legal identity, competitive advantage, and market value it provides. Transferring its ownership in the Kingdom of Saudi Arabia is a precise legal procedure subject to specific conditions and controls set by the Saudi Authority for Intellectual Property.
This makes seeking the assistance of a specialized lawyer necessary in this procedure. In this article, we will explain the method and conditions for transferring ownership of a trademark, as well as the fees and required documents, and why seeking the assistance of a specialized lawyer is important in this procedure.
How to Transfer Ownership of a Trademark in Saudi Arabia
Ownership of a trademark can be transferred in Saudi Arabia easily and electronically, whether you want to transfer it from one individual to another or from one company to another. Below, we explain the steps required to complete this process as follows:
- Access the website of the Saudi Authority for Intellectual Property.
- Choose the services section from the website’s main menu, then select the trademark service from the available services.
- You will then be directed to the trademarks portal, which you must access.
- You can log in to the service platform using your National Single Sign-On account or through the registered email.
- Search for the option to transfer trademark ownership and click it to open the electronic application form.
- Fill in all required data in the application form accurately. After completing it, pay the prescribed ownership transfer fees.
- After your application is reviewed and approved by the Authority, an invoice will be issued for the publication fees.
- You must pay the publication fees due so that the transfer process moves to the official publication stage.
- Once the publication stage is completed, the procedures for transferring ownership of the trademark are legally and officially complete, and the new owner becomes the owner of the trademark.
Because a trademark is often linked to an existing commercial activity, you may need to understand how to open a commercial register before completing the procedures for transferring its ownership.
Conditions for Transferring Ownership of a Trademark in Saudi Arabia
There are several conditions that must be met if you wish to transfer ownership of a trademark in the Kingdom. These conditions are as follows:
- There must be an approved legal procedure for transferring ownership, and this procedure must be documented in writing.
- The purpose of transferring ownership must not be to mislead or deceive consumers regarding the services or products bearing the transferred trademark.
- The party wishing to transfer ownership of the trademark must be its original owner, and the protection period allocated to the trademark must be valid and not expired without renewal.
- The transfer of ownership must be registered and officially documented with the competent authorities in accordance with the executive regulations of the Trademark Law.
- The ownership transfer documents must be signed by both the receiving party and the transferring party, and must be in a format accepted by the Saudi Authority for Intellectual Property.
- The applicant for trademark ownership transfer must fulfill all requirements and conditions specified by the Saudi Authority for Intellectual Property.
Before transferring ownership of a trademark to a new owner, it is important to review the conditions for opening a sole proprietorship if the owner will start their activity through a sole proprietorship.
Required Documents for Transferring Ownership of a Trademark in Saudi Arabia
The documents required to transfer ownership of a trademark in Saudi Arabia vary depending on the reason for the transfer. It is preferable for these documents to be electronically signed or notarized by a notary public. The general documents are as follows:
- A sale or assignment contract officially documented and signed by both parties.
- A copy of the commercial register or national ID of the assigning party and the assignee.
- A deed of heirs determination or a court judgment in case of inheritance.
- Proof of payment of government fees.
- Official approval from the competent authorities if the trademark is linked to regulatory licenses.
Because a trademark is often connected to an existing register and activity, it is important to review commercial register ownership transfer when changing or assigning the owner of the activity.
If transferring the trademark is connected to selling the establishment and transferring employees to the new owner,
also review commercial register ownership transfer with workers to learn the conditions and procedures required to complete the transfer lawfully.
Fees for Transferring Ownership of a Trademark in Saudi Arabia
The fees for transferring ownership of a trademark in Saudi Arabia are determined based on the executive regulations of the Saudi Trademark Law. These fees include the following:
- An ownership transfer application fee of SAR 1,000.
- A fee for publishing the amendment in the Official Gazette amounting to SAR 1,500.
- Additional fees may be imposed depending on the case, such as value-added tax or platform service fees.
Because transferring trademark ownership is linked to the owner’s and activity’s data, it is important to review renewing the commercial register of an establishment before submitting the application.
The Importance of Consulting a Lawyer Specialized in Trademark Ownership Transfer
Although transferring ownership of a trademark may seem like a simple procedure, it involves precise legal aspects. Therefore, a specialized commercial lawyer should be consulted when carrying out this procedure.
Nawaf bin Awad Al-Harbi Law Firm is considered a very suitable option in this case, as it includes a group of the best commercial lawyers who help you with the following:
- Verifying the validity of the ownership transfer contract and ensuring that it does not include any unfair terms.
- Ensuring that there are no opposing third parties.
- Handling potential lawsuits or objections during the transfer process.
- Representing clients before the Saudi Authority for Intellectual Property when needed.
- Ensuring the validity of ownership transfer procedures and protecting you from any errors that may occur during the procedure and cause future disputes.
Contact now with the best companies and establishments lawyer to ensure that ownership of your trademark in Saudi Arabia is transferred legally and smoothly, with document review, follow-up on Saudi Authority for Intellectual Property procedures, and avoidance of any errors that may delay completion of the transfer or affect trademark ownership rights.
Conclusion
Transferring ownership of a trademark in Saudi Arabia is a precise legal procedure that requires full compliance with the approved laws and regulations. Whether the transfer is due to sale, assignment, or merger, proper documentation, compliance with electronic procedures, and coordination with the competent authorities are all necessary to ensure a successful and safe ownership transfer.
Because the trademark is linked to the type of registered commercial activity, it is important to review adding an activity to the commercial register before using it after ownership transfer.
Frequently Asked Questions
Can an Objection Be Filed Against the Transfer of Trademark Ownership?
Trademark ownership is transferred based on an agreement between the two parties. However, if there are rights or a dispute involving a third party, that party has the right to file a lawsuit or submit an official objection to the Authority, which may cause the transfer procedures to be suspended until the dispute is resolved.
Can the Type of Commercial Activity Be Amended When Transferring Trademark Ownership?
No, it cannot. Transferring ownership does not change the nature of using the trademark or its class. If the new owner practices a different activity, they must register or amend a new trademark that suits their activity.
Can a Trademark Be Assigned?
Yes, a trademark can be assigned according to the Saudi Trademark Law. This is done by submitting an electronic trademark transfer request, attaching the assignment and ownership documents, and paying the due fees.
