Forgot to Renew Your Trademark in Saudi Arabia? What Happens and What to Do
An expired trademark is not lost immediately. The law allows a limited grace period to renew with an additional fee, but delay beyond that may lead to the mark being removed from the register.
If you forgot to renew your trademark in Saudi Arabia, you do not necessarily lose it on the day it expires. The law provides a limited grace period after the protection term ends during which a renewal application can be filed on payment of an additional fee. If that grace period passes without renewal, however, the mark may be removed from the register and lose its protection. The solution is to act immediately: check the status of the mark on the Saudi Authority for Intellectual Property (SAIP) platform and file the renewal application without delay.
How Long Does Trademark Protection Last, and When Must It Be Renewed?
A registered trademark in Saudi Arabia is protected for ten years and may be renewed for equal periods. It is advisable to file the renewal application well before the expiry date, as the rules allow renewal during a period before the term ends, which avoids any additional fee or risk.
What Happens if a Trademark Expires Without Renewal?
An unrenewed mark usually goes through two stages:
- The grace period: immediately after the term ends, there is a limited grace period set by law during which the mark can be renewed on payment of an additional fee. During this period you can still save your mark through what is essentially the normal renewal procedure.
- The removal stage: if the grace period passes without renewal, the competent authority may remove the mark from the register, and it loses the legal protection that registration provides.
You can check the applicable periods and current fees on SAIP's platform; SAIP sets them and they may change.
Do not assume the grace period is long enough. Preparing a renewal application may take time to gather documents, update the owner's details or issue a new power of attorney, and any delay in these steps eats into the time remaining. So treat the expiry of your mark as urgent from day one.
What Are the Risks of Having a Trademark Removed?
- Loss of the exclusive right: you can no longer rely on the registration to stop others from using an identical or similar mark.
- The possibility of someone else registering it: another person may apply to register an identical mark after it has been removed.
- A weaker position against copycats and online platforms that require a valid registration certificate.
- An impact on contracts: such as licence, franchise and distribution agreements linked to the mark, which may cause problems with partners or investors.
What Are the Steps for a Late Trademark Renewal?
- Check the status of the mark immediately on SAIP's platform: is it still within the grace period, or has it been removed?
- Review the owner's details: if the company's name or address has changed, or ownership of the mark has been transferred, you may need to update the details or record the assignment.
- Prepare the required documents, including a power of attorney if renewing through an agent.
- File the renewal application online and pay the approved basic and additional fees.
- Keep proof of renewal and follow up on the application until it is completed.
You can entrust this to a specialist through our trademark renewal service to make sure none of the remaining grace period is lost.
What if It Is Too Late and the Mark Has Been Removed?
If the mark has been removed, the solution is usually to file a new registration application as soon as possible. The new application goes through the full examination and publication process, and it may face obstacles if someone else has applied for a similar mark. So start with a trademark search to make sure no similar applications have been filed, then file your application without waiting. Because every case has its own circumstances, it is best to have it reviewed by a specialist to assess the available options.
How Can I Avoid Forgetting to Renew in Future?
- Record each mark's expiry date in more than one calendar, with early reminders.
- Keep your contact details up to date with SAIP so that you receive notifications.
- If you have several marks or international registrations, keep a single schedule of their dates.
- Appoint an accredited agent to monitor renewal deadlines and alert you in advance.
Are Licences or Assignments Affected if the Mark Is Not Renewed?
Yes, they may be. Licence and franchise agreements depend on there being a registered, valid mark, and the end of protection may give the licensee grounds to renegotiate or terminate, depending on the terms of the contract. Likewise, if you are negotiating the sale of your business or the transfer of its mark, an expired or removed mark weakens the value of the deal. So review your existing contracts after renewal to make sure there are no consequences that need addressing, and inform your partners once it is completed where necessary.
Frequently Asked Questions
Q: Can I keep using the mark during the renewal grace period? A: Yes, you can continue using it, but make sure you complete the renewal within the grace period to preserve your protection.
Q: Can a mark be renewed in some classes but not others? A: That depends on how the mark was registered and on SAIP's requirements, so check before filing.
How Can We Help?
If your trademark has expired or is about to, FATIMA AL ASMARI Law & Intellectual Property Company in Jeddah will check its status, renew it and follow it up for clients in all regions of the Kingdom. Contact us on +966 56 685 9556 or book an urgent consultation.
Legal sources
This article is for general awareness and is not legal advice.
