Saudi Arabia Accedes to the Madrid Protocol: Expanding Global Trademark Protection

Following Saudi Arabia’s announcement in December 2022 of its intention to accede to the Madrid Protocol, the Protocol is set to enter into force in the Kingdom on 8 October 2026. This development creates new opportunities for Saudi businesses expanding abroad and for international brand owners seeking protection in the Saudi market. That said, there are important considerations to be made when deciding whether the Madrid System is the most suitable route for a particular business’s brand protection needs.

Saudi Arabia’s accession brings the Madrid System’s geographical reach to 133 countries worldwide. Saudi Arabia is now the fifth of the six GCC states to join the Madrid System, leaving Kuwait as the only GCC member outside the system. This could therefore represent an attractive additional instrument for international businesses seeking to build and manage their trade mark portfolios across the GCC and beyond.

For Saudi businesses, it will be possible to use a Saudi national trade mark application or registration as the “basic application” or “basic registration” and file a single international application through the Madrid System, designating multiple Madrid member jurisdictions at once. Conversely, brand owners in other Madrid member jurisdictions will be able to designate Saudi Arabia in new international applications filed after 8 October 2026, or add Saudi Arabia to an existing international registration through a subsequent designation.

At the international filing stage, the Madrid System avoids the need for applicants to make a separate national filing in Saudi Arabia and, in the ordinary course, avoids the local-agent and document formalities associated with a direct national application. This can be particularly helpful for urgent filings and may reduce the administrative burden and upfront costs associated with establishing protection in the Kingdom. However, local representation may become necessary if the designation encounters a provisional refusal, opposition or other proceedings before the Saudi authorities.

Saudi Arabia will examine each designation under its national trade mark law. Objections, provisional refusals and third-party oppositions therefore remain possible, and local representation and any applicable Power of Attorney requirements may arise in those circumstances.

The Kingdom has declared an 18-month period for notifying provisional refusals. It has also declared that, where a refusal may result from an opposition, notification of that refusal may be made after the expiry of the 18-month period. Saudi Arabia will apply an individual fee for designations and renewals, in addition to the applicable WIPO fees. The overall cost of using the Madrid System will therefore depend on the number and identity of the designated jurisdictions, the applicable individual fees, the goods and services covered and any complications that may arise during examination or opposition proceedings.

It is important to bear in mind that the upfront savings and administrative efficiencies of filing through the Madrid System can be outweighed by some of its potential drawbacks. An important consideration is the Madrid System’s five-year dependency on the basic application or registration. During this period, if the basic application is refused or the basic registration is cancelled, revoked, invalidated or otherwise ceases to have effect, the international registration may be cancelled to the corresponding extent. In certain circumstances, however, the holder may seek to transform the affected designations into national applications while retaining the relevant filing date.

In some cases, a direct Saudi filing may therefore still be the more appropriate choice, particularly where Saudi Arabia is a core market and the trade mark is strategically important to the business, where the applicant wishes to avoid dependency on a foreign basic mark, where the goods and services require careful local tailoring, or where the applicant wants greater control over prosecution and subsequent portfolio management in Saudi Arabia.

Nevertheless, the introduction of the Madrid System should streamline the process of seeking international protection for Saudi businesses and make it easier for international brand owners to include Saudi Arabia within their wider trade mark filing strategies. Whether the Madrid system makes most sense will depend on a range of factors, including the importance and value of the trade mark to the business, the jurisdictions in which protection is required, the applicable individual fees, the goods and services covered, the status and strength of the basic mark, and the likelihood of objections or other issues arising during examination. Madrid is not a one-size-fits-all solution. Instead, it is best viewed as a strategic portfolio management tool.

As with any significant change to the trade mark filing system, practitioners and brand owners will be watching the implementation of the Madrid System in Saudi Arabia closely, particularly as practice develops around examination, refusals, oppositions and enforcement.

For brand owners, the key question is therefore not whether Madrid is “better” than a national Saudi filing, but which route best fits the particular mark and portfolio. Factors such as the importance of Saudi Arabia to the business, the jurisdictions in which protection is required, the scope of goods and services, the strength and status of the basic mark, expected examination issues and the need for local control should all be considered before deciding how to proceed.

Businesses reviewing their Saudi or international trade mark portfolios ahead of 8 October 2026 are welcome to reach out to our IP team to discuss how Saudi Arabia’s accession to the Madrid System may affect their filing strategy. We can update clients and provide further guidance, particularly during the initial implementation period.