Saudi Authority for Intellectual Property (SAIP) Designates the United States Patent and Trademark Office (USPTO) as a PCT International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA)
The Saudi Authority for Intellectual Property (SAIP), the official body responsible for intellectual property matters within the Kingdom of Saudi Arabia, has officially designated the United States Patent and Trademark Office (USPTO) as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA) under the Patent Cooperation Treaty (PCT).
This designation, effective immediately, empowers applicants in Saudi Arabia who are pursuing international patent protection via the PCT route with the option to select the USPTO to conduct the crucial international search and, if desired, preliminary examination reports for their PCT applications filed with SAIP.
This strategic decision by SAIP underscores the growing collaboration and strengthening ties between the Kingdom of Saudi Arabia and the United States in the realm of intellectual property. The USPTO now joins the previous group of International Searching Authorities recognized by SAIP, which includes:
- The Korean Intellectual Property Office (KIPO)
- The European Patent Office (EPO)
- The Intellectual Property Office of Singapore (IPOS)
- The Egyptian Patent Office
- The Russian Federal Service for Intellectual Property (ROSPATENT)
- The Canadian Intellectual Property Office (CIPO)
Trademark Publication in Ethiopia
Effective March 26, 2025, the Ethiopian Intellectual Property Authority (EIPA) has started publishing accepted trademarks in the Ethiopian Intellectual Property Authority (EIPA) website. This marks a shift from the previous practice of publishing trademarks via the Ethiopian Press Agency, which is currently still applicable and acceptable.
We further wish to inform you that, at present, the EIPA has not established a formal fee structure for online publication. Therefore, this service is currently being provided at no cost, though it is anticipated that fees may be introduced in the future.
We are actively monitoring this development and will provide you with further updates, including any information regarding the implementation of fees for online publication, as soon as they become available.
Iraqi-Baghdad TMO Adoption of the 11th Edition of the Nice Classification: Implications and Changes
The Iraqi Trademarks Office (TMO) has recently implemented a significant overhaul of its trademark classification system by adopting the 11th Edition of the Nice Classification. This transition, effective from January 2025, marks a departure from the previously utilized national sub-class system and aligns Iraq with international standards in trademark classification.
Background: From Sub-Classes to International Standards
Historically, the Iraqi TMO operated under a national classification system that divided classes into sub-classes. This system, while serving its purpose, has long diverged from the internationally updated Nice Classification. The Nice Classification, now in its 11th Edition, offers a more structured and globally harmonized approach, which aims to facilitate trademark registration. The shift to the 11th Edition reflects Iraq’s commitment to aligning its intellectual property framework with global best practices.
However, the transition to the 11th Edition of the Nice Classification has triggered several procedural and definitional changes within the Iraqi trademark registration system. These changes affect various stages of the trademark lifecycle, from initial application to post-registration actions.
Pre-Filing Procedures:
The Iraqi Trademarks Registrar mandates a pre-filing compulsory trademark search to ensure the registrability of a mark. This search is officially treated as a formal and substantive examination of the trademark which will define further prosecution of the mark. The results of the search are often communicated in a binary form (“YES” or “NO”) without detailed reports. Post search, the applicant has 30-day deadline to file the application, failing which, the application may be considered abandoned.
Classification of Goods and Services
Meanwhile, the core change involves the classification of goods and services. All new trademark applications must be filed in accordance with the pre-defined 11th edition of the Nice Classification. On the other hand, applicants with pending applications are presented with two options. First, deferred reclassification: registration can proceed under the old sub-class system, with mandatory reclassification to the 11th edition required after the opposition period ends to issue the registration certificate with the re-classified goods/services. This is recommended for applications with a substantial number of goods and services. Second, immediate reclassification: applicants can choose to reclassify their trademark application at the next step of their trademark registration prosecution by selecting goods and services from the 11th Edition. The Trademarks Office retains the discretion to approve or adjust the selected items if necessary.
Implications for Trademark applicants:
The transition to the 11th Edition of the Nice Classification carries significant implications for various TM applicants. They must now navigate the complexities of the 11th Edition, ensuring accurate classification of their goods and services. Meanwhile, owners of existing trademarks must undertake the reclassification to align their registrations with the 11th Edition.
Conclusion
The Iraqi Trademarks Office’s adoption of the 11th Edition of the Nice Classification represents a crucial step towards aligning Iraq’s trademark system with international standards. While this transition brings long-term benefits in terms of harmonization and facilitating international trade, it also presents short-term challenges applicants with pending trademarks. Effective implementation and clear guidance are essential to ensure a smooth transition and to enable TM applicants to adapt to the new system efficiently.