Jon Parker
Partner
Article
7
Saudi Arabia's accession to the Madrid Protocol marks an important development for trademark owners seeking protection in the Kingdom and internationally. The move creates new opportunities for businesses to manage international trademark portfolios through the Madrid System, while also raising practical considerations around filing strategy and local practice.
In this article, we explore what Saudi Arabia's accession means for international and Saudi-based rights holders, the potential benefits and limitations of using the Madrid Protocol, and the key considerations businesses should be aware of ahead of its implementation.
Saudi Arabia deposited its instrument of accession to the Madrid Protocol on 8 July 2026, and the Protocol will enter into force in the Kingdom on 8 October 2026.
On that date, Saudi Arabia becomes the 117th member of the Madrid Union and the fifth Gulf Cooperation Council (GCC) country to join the system, following Bahrain, Oman, Qatar and the UAE. Kuwait will be the only GCC country that has not yet joined the Madrid Protocol.
Saudi Arabia joining the Madrid Protocol is a significant development for international brand owners, and even more so for Saudi brand owners. It offers another option for protecting trademarks overseas, which can lead to significant cost savings and reduced administration.
It may also open up the system to brand owners with a real and effective presence in Saudi Arabia, to use the system. For example, a Kuwaiti-headquartered company could use Saudi Arabia, or another GCC country, as its basis for filing under the Madrid Protocol, provided it has a qualifying real and effective presence in the Kingdom or another GCC Country.
International brand owners will be able to include Saudi Arabia as a designated country, for any new International Registration filings from 8 October 2026, or as a subsequent designation to any existing International Registration from that date.
Rights holders with a possible interest in Saudi Arabia, or who have not taken steps to protect their trademark(s) in Saudi Arabia previously, should revisit their Madrid Protocol filings and consider adding Saudi Arabia as a designation or subsequent designation.
Saudi brand owners (including Saudi nationals, Saudi companies, and entities with a real and effective presence in Saudi Arabia) will be able to use their Saudi applications or registrations as the basis for International Registrations under the Madrid Protocol. This offers a potentially more cost-effective and efficient way to secure trademark rights in other Madrid Protocol Members around the world.
Saudi brand owners could potentially save at least 20% by using the Madrid Protocol, compared with making separate national filings in each country. As International Registrations are managed centrally, there are also ongoing savings when it comes to maintaining and renewing those registrations over time, as well as the savings in administration time.
There are drawbacks to the system, so care should be taken as to whether using the system is the best option for your company. For example, the international registration will be dependent on the home registration for five years, so you need to have a solid base upon which to base the international registration.
An additional consideration for a Saudi entity relates to the classification system for goods and services. Saudi Arabia currently uses prescribed terms for classification purposes, which can mean relying on general terms rather than the specific goods or services of interest.
As a result, a Saudi company filing overseas may sometimes secure better protection by filing directly in a country than through the Madrid Protocol.
For example, a Saudi retailer whose general class 35 specification does not fully capture its retail services may be better placed filing directly, where it can use freely crafted specifications and specifically reference the retail services of interest. By contrast, under Madrid, and subject to local law and practice, a class 35 specification in general terms may not be deemed to cover "retail services" in the receiving country.
Saudi rights holders considering Madrid should take advice first, to decide whether filing directly in a country would give a better scope of protection than filing through Madrid from a Saudi base.
Saudi Arabia has made several formal declarations in connection with its accession, and while some of the finer procedural points are still to be released, the key points to be aware of now, and to monitor, include:
Areas to be monitored and where guidance should become available soon include:
What is already clear is that accession gives qualifying brand owners an additional option for protecting their trademarks in, and from, Saudi Arabia. It is a significant development that opens up the largest economies in the GCC to the international trademark registration system.
For international companies, due to the relatively restricted practice of using prescribed terms for national filings into Saudi Arabia, by potentially filing through Madrid, it will mean that they should be able to secure registration for the actual goods/services of interest as filed in the home application/registration. Also, another benefit, is where the applicant needs to include qualifications or limitations, perhaps due to co-existence arrangements, or other requirements, it should be possible to do so if included in the supporting registration, whereas this cannot be done under the Saudi national classification system. This could be a very useful consideration for rights holders, particularly where there is any question as to whether the prescribed terms under the national system, fully cover areas of interest.
Madrid filings will be examined under local law and practice. Like other GCC jurisdictions, Saudi Arabia may raise public policy objections to marks, goods or services it considers offensive to the cultural sensitivities of the Kingdom. This is worth monitoring and seeking local advice prior to filing, especially for companies in sectors such as alcohol or gambling, which may face objections on public policy grounds. For example, following the UAE's accession a few years ago, a number of the inherent-ground objections raised to designations concerned such issues.
Unlike the UAE and Qatar, which have both recently begun accepting alcohol related products and services, SAIP is not expected to change its practice.
For rights holders considering trademark protection in Saudi Arabia, whether through the national system or the Madrid Protocol, obtaining local advice at an early stage can help identify and avoid potential issues.
Saudi Arabia's accession is a significant development for international and Saudi-based rights holders alike. It expands access to the international trademark registration system and creates new options for protecting brands in, and from, Saudi Arabia. Following the pattern seen in other countries that have joined the system, we expect it to drive growth in trademark filings both into and out of the Kingdom.
We will continue to monitor the developments and provide updates as the position becomes clearer.
If you have any questions about the accession, or how it may affect your trademark protection strategy, please contact Jon Parker, Muath Al Ghamdi or Aljouri Almohamdi.
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