COURT PROCEDURE

How to File a Trademark Infringement Claim Before the Saudi Commercial Court

MAY 2026 · 8 min read

A trademark infringement action is not a phone call with your lawyer — it is a series of calculated legal steps, each starting with securing evidence before the infringer notices. This guide walks the full path from discovery to final judgment.

1. Verifying Infringement and Collecting Initial Evidence

Before any legal step: buy the counterfeit product, keep the invoice, photograph packaging and points-of-sale display, and capture screenshots from online platforms if applicable.

Initial evidence must be dated and preserved in non-editable form. A trusted firm manages the evidence file from day one.

2. Pre-Action Legal Warning (Optional but Strategic)

In many cases, a formal cease-and-desist from an IP agent stops infringement without court action. Its cost is a fraction of a lawsuit.

When does it not work? When infringement is wide-scale, or when the offender is a "legal expert" who will dismiss the warning easily.

3. Preliminary Injunction Request

Before filing the main suit, you can request an urgent injunction from the court to stop sales and seize counterfeit goods. This prevents the offender from selling inventory or hiding evidence.

The injunction issues within days if evidence is sufficient and is enforced immediately.

4. Drafting the Statement of Claim

The statement contains: parties' details, the trademark certificate, infringement description with evidence, requested remedies (cease, destroy, damages), and legal basis.

Specialist drafting is essential. Weak drafting can lose part of the remedies sought.

5. Hearings and Pleadings

The commercial court convenes a first hearing for reply exchange, then subsequent sessions for pleadings and evidence. The court may appoint an expert to assess similarity.

First-instance litigation typically takes 6–12 months depending on complexity.

6. First-Instance Judgment

Judgment issues granting the claim wholly or partially, or rejecting it. A favorable ruling includes: ordering cease, goods destruction, damages, and judgment publication at the loser's expense.

Judgment may be appealed by either party within 30 days.

7. Appeal and Enforcement

If appealed, appellate review takes another 6–12 months. After the final ruling, enforcement begins through the execution court.

Damages enforcement may require additional steps if the loser tries to hide assets.

Total Cost

A mid-complexity infringement suit costs SAR 30,000–80,000 in professional fees plus court fees. This is an investment to be weighed against expected harm size.

At Rights we offer a free viability assessment before accepting any dispute file — we do not take cases whose cost exceeds their benefit.