Implementing Regulation of the Law of Trade Names

Article 1: Definitions

  • 1. The words and phrases mentioned in this regulation shall have the meanings specified in front of each in Article (First) of the Law of Trade Names, issued by Royal Decree No. (M/83) dated 1446/03/19H.

  • 2. The following words and phrases, wherever mentioned in this regulation, shall have the meanings specified in front of each:

  • Reservation: Retaining a specific trade name temporarily before its registration in the commercial register.

  • Registration: Recording the merchant's data and any amendments thereto in the commercial register and publicizing it therein.

Article 2: Reservation or Registration of the Trade Name

  • 1. The reservation or registration of the trade name shall be in Arabic or in English.

  • 2. In case of requesting the reservation or registration of a trade name in English, the name shall be written in English letters accompanied by the name in Arabic letters.

  • 3. A foreign investor may reserve or register his trade name provided it is accompanied by the name in Arabic letters, without prejudice to the provisions of the law and regulation.

  • 4. In case of requesting the reservation or registration of a trade name consisting of numbers, it shall not exceed (nine) numbers.

Article 3: Reservation or Registration of the Merchant's Personal Name and Family Name

  • 1. The reservation or registration of the merchant's personal name shall be with the same three-part or four-part name as stated in the personal identification.

  • 2. The family name may be reserved or registered as a trade name if the name is composed of the names of two or more families in accordance with the provisions of the law, provided that the beneficiaries of the reservation or registration are holders of the same family name as stated in their personal identifications.

  • 3. The transfer of ownership of the family name is limited to those who hold the same family name as stated in the personal identification.

Article 4: Reservation or registration of the name of Saudi Arabia and the names of cities, regions, and public places

  • 1. The name (Saudi Arabia) or names of (cities, regions, or public places) in the Kingdom may be reserved or registered according to the following regulations:

    • A. The name must not be identical or similar to the name of a government entity or its equivalent.

    • B. The name must not be the main component or essential element of the trade name.

    • C. The merchant must commit, when reserving or registering the name, not to harm, distort, or damage the reputation of the Kingdom, cities, regions, and public places.

    • D. Approval must be obtained from the Royal Commission for Makkah City and Holy Sites or the Al Madinah Region Development Authority - as applicable - when reserving or registering the names of the cities (Makkah) or (Madinah).

  • 2. The provisions contained in paragraph (1) of this article apply to requests for the transfer of ownership of a trade name that includes the name (Saudi Arabia) or names of (cities, regions, or public places).

  • 3. Exempted from the provision of paragraph (1) of this article is the reservation or registration request submitted by an entity based on a legal document, and companies that include the name (Saudi Arabia) or names of (cities, regions, or public places) upon merger.

Article 5: Criteria for Similarity of Trade Names

  • 1. A trade name is considered similar to another trade name if its spelling form resembles a reserved, registered, or globally famous trade name, based on criteria determined by the registrar, including the following:

    • A. Identical spelling with a different order of words.

    • B. Identical spelling with a difference of one letter.

    • C. Identical spelling with the addition, deletion, or change of pronouns, dual, plural, or the definite article.

    • D. Identical pronunciation of the number or letter with the word, or vice versa.

  • 2. The provisions of paragraph (1) of this article apply to the trade name in English according to its corresponding Arabic letters.

  • 3. The registrar shall reject the application to reserve or register the trade name if it is found to be similar to another reserved or registered trade name.

  • 4. The Ministry shall establish a list of prominent words that are not considered distinctive for the trade name and update it periodically.

Article 6: Commercial Name Reservation Data

  • The application for reserving the trade name is submitted to the registrar including the following information:

  • A. The trade name that the beneficiary wishes to reserve.

  • B. The name of the beneficiary of the reservation, their identification number, and contact information.

Article 7: Decision on the Request for Reservation or Registration of the Trade Name

  • The registrar shall decide on the application for the reservation or registration of the trade name that meets the required data within (ten) days from the date of its submission. The registrar may extend the period by no more than (thirty) days if the decision on the application requires the approval of relevant authorities.

Article 8: Duration of Commercial Name Reservation and its Regulations

  • 1. The reservation period for the trade name is sixty (60) days from the date the registrar accepts the application, and the applicant for the reservation may request an extension of the period before it expires for a similar duration, and the extension for more than that is based on cases estimated by the registrar.

  • 2. The reserved trade name may not be used or disposed of except after it is registered in the Commercial Register.

Article 9: Publication of the reserved accepted trade name

  • Upon the registrar's acceptance of the trade name reservation, he must publish it in the Commercial Register, including the following data:

    • A. The trade name.

    • B. The name of the beneficiary of the reservation.

    • C. The date of the reservation.

Article 10: Request to Amend the Trade Name

The conditions and procedures for requesting an amendment to a registered trade name are the same as the procedures and conditions when submitting a request to register a new trade name.

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