Saudi Arabia Revamps Tradenames Regulation: Strengthened IP Rights and Enhanced Brand Protection
Saudi Arabia Focus
Ahmad ZazaPartner,Intellectual Property
Ala'a Al Bataineh Senior Associate,Intellectual Property
The new tradename regime integrates with trademark law, introduces objective similarity criteria, expands prohibited lists, and strengthens enforcement—giving businesses, investors, and IP owners clearer, stronger rights in Saudi Arabia.
As the Kingdom of Saudi Arabia (“KSA”) enters a period of unprecedented ambition and transformation as it aims to become a more diversified economy, the country’s legal framework is also rapidly adapting to the requirements of a modern, innovation-driven economy. Nowhere has this evolution been more visible than in the world of intellectual property (“IP”). A good example has been the substantially revamped interplay between tradenames and trademark rights not least due to the change in how trade names are now regulated in the country. This article examines in detail this new legal world with respect to tradenames, compared to the previous regime. It will also cover what the implications are in practice for the benefit of businesses, investors and owners of such IP rights. We seek to provide clarity and perspective for legal and business practitioners in this ever-changing climate.
As the Kingdom of Saudi Arabia enters a period of unprecedented ambition and transformation... the country’s legal framework is also rapidly adapting to the requirements of a modern, innovation-driven economy.
For the present article, the following terminology is adopted:
Old regulation: the tradename regulation pursuant to royal decree no. M/15 dated 12/8/1420h and which regulated the reservation, registration and use of tradenames within the KSA until its recent abrogation.
New regulation: the regime des noms commercials by virtue of royal decree no. M/83 dated 19/3/1446h (2025) and its implementing regulations complete the statutory regime for trademarks in the Kingdom.
These two sets of legal principles lie in different historical periods in the development of commercial identity laws - the new regulation belongs to a set of reforms that bring the KSA in line with international standards and the requisites of a knowledge-driven economy.
Amongst others, there was no mention in the old regulation of the relationship between tradenames and trademarks. No provision existed that would prevent the registration or use of a tradename that was identical or similar to a registered trademark. This therefore left trademark owners vulnerable to the threat of dilution of their brand, to potential consumer confusion, and uncertainty to investors and businesses wishing to protect their IP rights.
The new regulation represents a clear departure from this approach. According to a provision of the new regulation-art. 7(1), the reservation or registration of a tradename identical with or confusingly similar to a registered or otherwise well-known trademark on the market is explicitly and absolutely forbidden unless the applicant should be the owner of the said trademark. This is now additionally clarified in article 6(1): the Ministry not only needs to compare tradenames with one another, but now has to assess whether they are or may be in conflict with trademarks that are already in use. The executive regulations also detail the criteria for determining resemblance and describe an official procedure for objections and implementation.
The old regulation did not define what was meant by a “similar” tradename, which resulted in conflicting decisions and legal confusion. The new regulation and its executive regulations, unlike these decisions, provide for specific objective criteria on determining whether there is similarity between the tradenames and between the tradenames and the trademarks. Such analysis now includes whether there are appending or dropping words, letters, or numbers, as well as the total impression given by the tradename (executive regulations, article 5). The Ministry can now deny registration of a tradename if the proposed name would be misleading to the public or conflict with an existing registered trademark (new regulation, article 7(1)(a)-(b)).
While the old regulation merely had a general prohibition of tradenames against public order or morals, the new regulation enumerates types of tradenames that are prohibited. The description referred to in article 7(1) shall prevent the registration, in particular, (i) of names which are misleading, (ii) names which give a false indication of the activity with which an institution is being established, (iii) names which suggest an official status which the institution does not possess, (iv) names which when translated, have an inappropriate meaning, and (v) names the use of which is prohibited by law. Importantly, under article 7(2), the Ministry is to keep and revise as necessary a register of prohibited tradenames, the list of which is one that contradicts a specific tradename that is a registered trademark or well-known tradenames. This list is published in public domain, to act as a practical resource for any applicants, and IP professionals to determine availability of names to avoid legal risks.
Under the old regulation the appeal provision and the cancellation of the tradename registration were limited and quite ambiguous, and therefore, difficult to defend. The new regulation establishes a strong and transparent system of enforcement. According to article 13, the Ministry may ex officio or upon the application of concerned persons, cancel or rectify registration of tradenames which is the same as or similar to a trademark, or which violates the provisions of the regulation. The EDL rules detail the relevant provisions relating to objection, invalidation and appeal, and provide procedures and time limits for objections, invalidation and appeals to be handled in a timely manner and in a fair manner.
The Ministry is granted wide-ranging powers under the new regulation for the reservation, registration and enforcement of tradenames (articles 3, 5, 6, 13). The Ministry is the competent authority for the administration of the electronic commercial register, the examination of similarity and conflicts, the keeping of the register of prohibited names and for the determination of objections. The executive regulations complement such powers by detailing how the Ministry will review applications, make its decisions public and liaise with other government entities as required.
The new regulation is a significant step for the rights of IP owners in the KSA. By incorporating tradename registration into the trademark rights system, and thereby creating objective standards for similarity, lengthening the list of prohibited names, and giving the Ministry greater enforcement tools, the new regulation gives brand owners, investors, and companies clearer and stronger rights in their brands. Lawyers and business community members alike would be wise to re-evaluate their tradenames portfolios and to conduct thorough IP clearance searches to ensure compliance with the new benchmarks included in both the substantive new regulation and its executive regulations. They will, by doing so, be in a strong position to protect their IP assets and support the Kingdom’s vision of a vibrant, innovation-driven economy.
For further information,please contact Ahmad Zaza and Ala'a Al Bataineh.
Published in September 2025
