From 08 October 2026, brand owners will be able to utilise the Madrid Protocol as part of their trade mark protection strategy involving Saudi Arabia, offering a valuable opportunity for businesses seeking to protect their brand there.
The Madrid Protocol (also known as an International Registration or IR) is a popular filing system which allows for multiple territories to be designated within a single application and can often be an accessible and cost-effective way of obtaining trade mark protection overseas.
Once its accession comes into effect next month, Saudi Arabia can be designated in all new International filings or within subsequent designations of existing International Registrations. The upcoming change will also offer prospects to local business within Saudi Arabia who will now be able to use the Madrid Protocol to file their own brands overseas.
We have outlined some key benefits of using the Madrid Protocol to consider when reviewing brand protection in Saudi Arabia below. However, whilst the Protocol can be an effective system for securing trade mark protection overseas, its suitability can be dependent on multiple factors. For advice on utilising the Madrid Protocol to secure protection for your brand in Saudi Arabia and elsewhere, please reach out to a member of the M&C trade mark team.
Benefits of filing through the Madrid Protocol
- Costs
It can often be significantly more cost-effective to file through the Madrid Protocol, particularly where multiple territories and/or classes are involved as it is generally not required to appoint local agents in each designated territory unless a local refusal is received. - Reduced Administrative Burden
Unless refusals are received during the local examination process, the need for additional documents, such as Powers of Attorneys, and associated formalities that can often be required for national applications can often be avoided. - Centralised Renewal & Management
Transactions such as renewals or changes in ownership can be applied to all designated territories within one transaction, reducing the need of managing multiple national registrations individually. - Set Examination Period
WIPO imposes a set examination period of either 12 or 18 months, depending on the territory, by which notice of provisional refusal must be issued. Whilst this period can be extended if based on third party oppositions, the general principle is that a designation office must issue their refusal during this initial period otherwise the mark is automatically considered protected there. This can be particularly advantageous when considering countries that usually have long examination
My colleague Kimberly Chen in Singapore has also written about this news here.
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