21Oct

Will Counterfeit Goods Be Stopped at the Border? Saudi Arabia’s “Tahqaq” Platform Is Changing Trademark Protection

Introduction: Trademark Protection Begins Before Products Reach the Market

Trademark protection is no longer limited to registering a trademark with the relevant authority or taking legal action after counterfeit products have been discovered in the marketplace. As international trade expands and import volumes increase, customs borders have become important checkpoints for limiting the entry of suspected counterfeit goods and protecting trademark owners’ rights before products reach consumers.

In this context, the “Tahqaq” platform has emerged as part of broader efforts involving the Saudi Authority for Intellectual Property (SAIP) and customs authorities to strengthen the enforcement of trademark rights at the border.

Specialized reports published in October 2026 indicate that the platform has entered a pilot-operation phase. Its objectives include digitizing the registration of trademarks with customs authorities and facilitating notifications to rights holders or their authorized representatives when shipments suspected of containing counterfeit products are identified.

However, this does not necessarily mean that the platform is fully operational at every customs port. Its implementation depends on the readiness of the relevant authorities and the completion of the applicable rollout stages.

This development highlights an important practical aspect of intellectual property protection for Saudi businesses: obtaining a trademark registration certificate is essential, but monitoring enforcement procedures and taking advantage of available mechanisms for monitoring imports may also be necessary, particularly for brands vulnerable to counterfeiting or unlawful importation.

This article examines the Tahqaq platform, how businesses may benefit from it based on published information, the difference between trademark registration and customs enforcement, and the key steps businesses can take to strengthen the protection of their products in the Kingdom of Saudi Arabia.

1. What Is the Tahqaq Platform, and How Does It Relate to Trademark Protection?

The Tahqaq platform is a digital initiative designed to improve procedures for registering trademarks with customs authorities and monitoring shipments suspected of containing counterfeit products.

Its underlying concept is to improve information sharing between the relevant authorities and rights holders or their representatives, rather than relying primarily on traditional notification procedures alone.

The initiative forms part of cooperation between the Saudi Authority for Intellectual Property and the Zakat, Tax and Customs Authority, supporting efforts to combat trademark counterfeiting and strengthen the protection of rights when goods enter the Kingdom.

Key Objectives of the Platform

- Enhanced digital monitoring: Organizing trademark information registered with customs authorities to help connect rights-related data with the monitoring of suspicious shipments.

- Improved notifications: Enabling registered representatives of trademark owners to receive notifications concerning certain suspected cases, subject to the applicable operating procedures.

- Support for reviewing suspicious cases: Representatives may be given access to images of samples and documents associated with a shipment so they can review the available information and assess whether counterfeiting may be involved.

- Improved coordination between authorities: Digitized procedures can help organize the exchange of information relevant to trademark enforcement.

Nevertheless, the platform should be understood as a supporting mechanism for protecting intellectual property rights, not as a substitute for trademark registration or any legal procedures that may be required in a particular case.

Receiving a notification about a suspicious shipment also does not establish that the goods are counterfeit. The facts and supporting documents must be examined, and the applicable procedures must be followed.

2. Why Should Saudi Businesses Focus on Trademark Enforcement at the Border?

A business may spend years building its brand, developing products, and expanding its distribution network, only to face unfair competition from products bearing a similar name or logo or using elements that may mislead consumers about the origin of the goods.

The consequences of counterfeiting extend beyond the loss of an individual sale and may affect several aspects of a business.

2.1. Damage to Brand Reputation

When counterfeit products are sold under a recognized trademark, consumers may attribute their defects to the legitimate trademark owner.

If these products are of poor quality or fail to meet expected safety standards, consumer confidence may suffer, even when the trademark owner had no involvement in manufacturing or importing them.

2.2. Impact on Sales and Distribution Networks

Counterfeit goods may compete with genuine products at lower prices, benefiting from the reputation built by the legitimate brand.

This can confuse distributors and customers, reduce legitimate sales opportunities, and make it more difficult to distinguish genuine products from counterfeit alternatives.

2.3. Increased Difficulty in Identifying Sources of Goods

As counterfeit products spread through multiple distribution channels, identifying suppliers, shipment origins, and the parties benefiting from their circulation may become more complicated.

Detecting suspicious goods at customs borders may therefore give rights holders an opportunity to address the problem at an earlier stage, depending on the procedures available.

2.4. Potential Risks to Consumers

In certain sectors, including automotive spare parts, cosmetics, electronic devices, and other safety-related products, counterfeiting may involve more than an infringement of commercial rights. It may also create risks for users.

Combating counterfeit products is therefore important not only for protecting the financial interests of trademark owners but also for reducing potential consumer harm.

2.5. Impact on the Value of Intellectual Property Assets

A trademark is an intangible asset that may contribute to a business’s value and its opportunities for expansion, licensing, and distribution.

When a business has limited ability to monitor and address infringements, confidence in the brand and its commercial value may be affected.

Key takeaway: Trademark protection should not be treated as a one-time administrative procedure. It is an ongoing process involving proper registration, monitoring, documentation, and an appropriate legal response.

3. Is Trademark Registration Enough to Prevent Counterfeit Goods from Entering Saudi Arabia?

Trademark registration is a fundamental step in protecting intellectual property rights. However, it does not necessarily mean that every suspicious shipment will be automatically detected or that all enforcement procedures will begin without action by the rights holder or its representative.

There is an important distinction between having a registered trademark and activating mechanisms for monitoring that trademark through the authorities responsible for goods entering the country.

Published information about the Tahqaq platform indicates that registering a trademark through the intended customs-registration mechanism may be important for benefiting from the platform’s digital notification features.

What Should Businesses Review?

Businesses should consider the following questions:

- Is the trademark registered in Saudi Arabia under the correct owner’s name?

- Do the registration details and relevant goods or services classes match the nature of the business?

- Are documents available to establish ownership of the trademark and the business’s right to use it?

- Is there a valid power of attorney or authorization if an agent or representative is handling the procedures?

- Have the current customs-platform registration requirements been verified, where the service is available for the relevant trademark and circumstances?

- Does the business have an internal process for reviewing notifications and responding within the required deadlines?

Trademark registration with the Saudi Authority for Intellectual Property should not be confused with registering or recording trademark information through a platform specifically intended to support customs monitoring. These procedures serve different purposes, and the current requirements for each should be checked independently.

Furthermore, customs registration does not give a trademark owner an unrestricted right to classify every similar product as counterfeit. Each case requires an assessment of the trademark, the goods, the circumstances, and the relevant documentation, followed by the appropriate legal procedure.

4. How Does the Tahqaq Mechanism Work When a Suspicious Shipment Is Identified?

According to professional reports concerning the platform’s pilot phase, the mechanism is intended to organize notifications and reviews when goods are suspected of infringing trademark rights.

The process may involve several connected stages. However, the actual implementation details may vary depending on the rollout phase, the customs port involved, and the applicable procedures.

Stage 1: Registering Trademark Information

The process begins with submitting the trademark information to the platform in accordance with the applicable requirements.

Published information suggests that registration may be linked to individual trademarks and classes. Businesses should therefore not assume that registering one trademark automatically covers all their brands or every product class in which they operate.

Before submitting an application, the business should review the information provided, including the trademark owner’s name, registration number, and relevant classes, and ensure that all supporting documents are clear and up to date.

Stage 2: Appointing an Authorized Representative, Where Required

The procedures may require a representative or agent to monitor notifications and communicate with the relevant authorities.

In such cases, businesses should verify the validity of the power of attorney or authorization, the scope of the representative’s authority, and whether any applicable authentication or certification requirements have been satisfied.

A previous relationship with an agent for another matter is not necessarily sufficient. The business should confirm that the authorization covers the specific procedure and is acceptable under the applicable rules.

Stage 3: Identifying a Suspicious Incoming Shipment

If a shipment is suspected of containing counterfeit products, the relevant authorities may take the prescribed steps to verify the nature of the goods.

According to published information about the platform’s mechanism, an importer may, in certain cases, be permitted to receive a shipment subject to conditions and a written undertaking not to sell, distribute, or otherwise dispose of the goods until verification is completed. Samples may be retained, and relevant data, images, or documents may be made available for review.

It is important not to assume that every suspicious shipment will be detained in the same way or that conditional release automatically permits unrestricted circulation of the goods.

The procedural consequences depend on the decisions of the competent authorities and the obligations imposed in the particular case.

Stage 4: Reviewing Evidence and Determining the Rights Holder’s Position

When a notification reaches the registered representative, the available images and documents should be reviewed and compared with the genuine products and the trademark information.

The review may include:

- The appearance of the logo and its placement on the product.

- Packaging and the presentation of product information.

- Model or batch numbers.

- Technical or commercial differences that can be documented.

Responses should be based on verifiable information rather than general suspicion.

If the products are genuine or the available information is insufficient to reach a conclusion, this should be communicated through the applicable procedure rather than making an unsupported assertion.

Stage 5: Completing the Applicable Legal Procedures

If there are indications that the goods are counterfeit, further procedures may follow under the applicable laws and jurisdictional rules.

These may involve confirmation from the rights holder or its representative, the submission of additional documents, or civil or criminal proceedings, depending on the circumstances and the course of action determined by the competent authorities.

Confirmation by a trademark owner does not automatically determine the final disposition of the goods. Final decisions and subsequent procedures remain subject to the competent authorities and applicable legal requirements and may involve an investigation, referral to the relevant authority, or judicial review.

Practical takeaway: Trademark owners should treat a notification as an opportunity to verify the facts promptly and provide accurate information, not as a final determination that counterfeiting has occurred.

5. What Documents Should Businesses Prepare to Protect Their Trademarks?

The required documents vary depending on the application, procedure, and competent authority. Businesses should therefore review the latest official requirements before submitting any request.

Nevertheless, maintaining an organized file can help facilitate the monitoring and protection of trademark rights. Depending on the circumstances, the file may include:

1. Trademark registration certificate: To verify the trademark details, owner, and covered classes.

1. Ownership and authorization documents: Where an application is submitted by a representative, including verification of the power of attorney, its scope, and any applicable certification requirements.

1. Clear images of genuine products: Showing the trademark, packaging, and features that help distinguish authentic products.

1. Information about approved suppliers and distribution channels: To support verification of genuine product sources and identify relevant differences.

1. Technical product information: Such as model numbers, batch numbers, identification codes, or other details useful for comparison.

1. Evidence of suspected counterfeiting: Such as images of the suspected products, shipping documents, or sales information, where available and lawfully obtained.

1. An internal record of correspondence and procedures: Documenting notification dates, responses, submitted documents, and decisions relating to each incident.

These materials should be stored systematically and kept up to date, with access restricted to the relevant employees and authorized representatives.

Customs notifications may require a prompt response. Delays in collecting evidence from different departments can make it more difficult for a business to assess a case within the available timeframe.

6. Common Mistakes That Can Weaken Trademark Protection at Customs Borders

Even businesses with registered trademarks may face difficulties monitoring suspicious goods if their records are outdated or their internal procedures are poorly organized.

The following mistakes deserve particular attention.

6.1. Relying Solely on the Registration Certificate

A business may assume that trademark registration alone is sufficient to monitor every shipment entering the country or circulating in the market.

However, trademark registration and border enforcement are connected but distinct processes.

Businesses should independently review the available enforcement mechanisms and the requirements for using them.

6.2. Registering a Trademark Under the Wrong Owner’s Name

If a trademark remains registered under the name of a former company or an entity different from the one currently operating the business, questions may arise regarding the applicant’s legal standing and authority to take action.

Ownership issues, transfers of rights, and registration updates should be addressed through the applicable procedures before relying on the trademark for enforcement purposes.

6.3. Overlooking Product Classes or Additional Trademarks

A business may use several trademarks or operate across multiple product classes. It should not assume that a single registration or record automatically covers every use.

Preparing a list of the trademarks and classes requiring monitoring can help the business verify the scope of each registration and any additional procedures that may be necessary.

6.4. Delaying Responses to Notifications

Failure to monitor email accounts or the contact details of the responsible representative may delay the review of a shipment or the submission of necessary information.

Businesses should designate a clear point of responsibility for monitoring notifications and establish backup arrangements for staff absences or changes in their relationship with an agent.

6.5. Making Allegations Without Sufficient Evidence

Similarity in color or appearance alone does not necessarily establish that a product is counterfeit.

Depending on the case, it may be necessary to compare the trademarks, products, documents, and nature of the protected rights.

Any assertion should therefore be supported by objective information, and unsupported accusations should be avoided.

6.6. Failing to Follow Up After Filing a Report

Submitting a report may not mark the end of the business’s responsibilities.

Further action may be required, including monitoring the application, answering questions, submitting additional documents, or initiating separate legal proceedings.

Businesses should retain application reference numbers, record follow-up deadlines, and assign responsibility for each subsequent step.

6.7. Lack of Coordination Between Departments

Important information may be distributed across legal, procurement, quality assurance, distribution, and customer service teams.

Without an effective coordination process, it may be difficult to verify a product, identify a supplier, or provide accurate information.

An internal protocol bringing these departments together when a suspected infringement arises can improve the quality and speed of the response.

7. What Should Saudi Businesses Do Before Relying on the Tahqaq Platform?

Advance preparation can help businesses benefit from digital trademark-protection mechanisms instead of waiting for a suspicious shipment to be identified before beginning to collect documents.

The following steps can help establish an effective internal process.

Step 1: Review the Trademark Portfolio

Prepare a comprehensive list of the trademarks used by the business, including their registration numbers, owners, covered classes, and any rights or procedures requiring renewal or updates under the applicable rules.

Step 2: Verify the Platform’s Current Requirements

Contact the Saudi Authority for Intellectual Property and the relevant official authorities to determine whether registration is available for the trademark concerned, which documents are required, how applications are submitted, and which customs ports or implementation phases are currently covered.

Businesses should not rely solely on older news reports or professional commentary to determine the steps required for implementation. The platform’s practical requirements may change as rollout and development progress.

Step 3: Appoint a Responsible Contact for Monitoring Cases

The business can designate an employee or team to monitor notifications, verify the status of authorized representatives, document responses, and coordinate with the legal department.

Contact details should also be updated whenever employees or agents change.

Step 4: Prepare a Genuine Product Reference Guide

Maintain current images of genuine products, packaging specifications, model numbers, and technical information that distinguish authentic products from suspected counterfeits.

This information should be clear and understandable to the authority or representative conducting the review.

Step 5: Establish a Response Plan for Suspected Counterfeiting

The plan should identify the person authorized to confirm the business’s position, the employees responsible for providing technical information, the team reviewing legal implications, and the process for approving responses before they are submitted.

Step 6: Document Every Incident

Create a record for each case containing the notification date, the products concerned, available documents, actions taken, responses submitted, and any outcomes communicated to the business.

This record can help identify recurring patterns and determine which suppliers or shipping routes require additional attention.

8. What Is the Difference Between the Tahqaq Platform and a Trademark Infringement Report?

Business owners may confuse monitoring suspected counterfeit goods at the border with filing a report concerning trademark infringement.

Although both processes support the protection of intellectual property rights, they serve different purposes.

Border Trademark Monitoring

This process focuses on incoming goods suspected of bearing counterfeit trademarks or otherwise infringing protected rights, subject to the applicable customs registration and notification mechanisms.

Trademark Infringement Reports

These may concern infringements occurring within the domestic market, through commercial activities, or across sales channels, depending on the circumstances and the competent authority’s jurisdiction.

The Saudi Authority for Intellectual Property provides an electronic service for receiving trademark infringement reports. Its official service information explains the application process and the supporting documents that may be required.

In some cases, a business may need to consider more than one route, such as monitoring an incoming shipment while also reporting suspected counterfeit products already being sold in the domestic market.

The availability of one procedure does not necessarily exclude other procedures, nor does every incident automatically require all possible actions.

Recommendation: Identify where the suspected infringement occurred, the nature of the goods, and the rights involved. Then review the appropriate procedure with the competent authority or a legal adviser specializing in intellectual property.

9. Can a Business Protect Its Trademark if Counterfeit Products Are Discovered After Entering the Market?

Yes. Procedures may remain available depending on the facts, evidence, and nature of the infringement. However, discovering counterfeit products after they have entered circulation does not guarantee a particular outcome, and the applicable procedures may differ from one case to another.

If a business discovers products suspected of being counterfeit in the market, it should consider the following steps.

1. Document the Incident Lawfully

Retain images of the products, information about the seller or supplier, and relevant available documents. Avoid tampering with evidence or publishing unsubstantiated allegations.

2. Review Official Reporting Channels

Check the Saudi Authority for Intellectual Property’s trademark infringement reporting service and verify the documents and requirements applicable to the case.

3. Assess Whether Additional Legal Action Is Necessary

Further steps may be appropriate depending on the nature of the infringement, the resulting harm, and the authorities with jurisdiction.

4. Investigate the Source of the Products

Review how the products entered the market. Were they imported directly? Were they supplied by an unauthorized distributor? Do they use a similar trademark that may cause confusion?

5. Monitor Other Potential Shipments

Determine whether additional shipments may require attention and whether the business should take further measures to protect its rights.

These questions help businesses move beyond addressing an isolated incident and improve their broader protection strategy, reducing the likelihood of similar problems recurring.

10. The Role of Legal Counsel in Trademark Protection and Counterfeiting Cases

Trademark protection requires an understanding of the scope of registered rights, an assessment of the available evidence, a review of official procedures, and the selection of an appropriate course of action for each case.

A legal adviser specializing in intellectual property can assist businesses in several areas.

Reviewing Trademark Ownership and Protection Scope

A legal review can help verify ownership details, registration information, and the classes associated with a trademark. It can also identify issues involving transfers of ownership, authorization, or outdated records.

Reviewing Registration and Representation Documents

If a business relies on an agent or representative, the scope of that person’s authority and the validity of the documents required to represent the rights holder before the relevant authorities should be verified.

Assessing Indicators of Counterfeiting

Comparing a genuine product with a suspected counterfeit may require examining the trademark used, the nature of the goods, the packaging, and the circumstances surrounding the incident.

A structured assessment helps avoid premature conclusions and identify any additional information required.

Organizing Responses and Supporting Documents

Legal counsel may assist in preparing an organized case file, reviewing documents and responses before submission, and identifying the next steps in accordance with the relevant legal requirements.

Identifying the Appropriate Legal Route

An incident may involve a shipment at the border, products being sold in the domestic market, the use of a similar trademark, or a dispute concerning ownership or licensing.

Because procedures differ according to the nature of each case, the appropriate route should be identified rather than applying the same procedure to every situation.

No legal adviser can guarantee that every shipment will be stopped or that a particular outcome will be achieved. Procedures remain subject to the authority of the relevant government bodies, the available evidence, the facts of the case, and applicable laws.

Nevertheless, advance preparation, accurate documentation, and timely follow-up can help businesses protect their interests more effectively.

11. Frequently Asked Questions About the Tahqaq Platform and Trademark Protection in Saudi Arabia

Is registering on the Tahqaq platform the same as registering a trademark?

No. Trademark registration protects a trademark under the applicable legal framework and registration procedures. The Tahqaq platform is intended to support border monitoring and organize notifications relating to goods suspected of being counterfeit.

The requirements for each process should be reviewed separately.

Is the platform operational at every Saudi customs port?

This should not be assumed. Reports published in 2026 have referred to pilot operations and phased implementation.

Businesses should consult current official information to verify availability, the customs ports covered, and the procedures in force when submitting an application.

Does registering a trademark on the platform guarantee that all counterfeit products will be detected?

No. Registration may support monitoring and notifications within the platform’s scope and procedures, but it does not guarantee that every shipment will be detected or every instance of counterfeiting prevented.

Market monitoring, documenting infringements, and using appropriate reporting channels remain important elements of trademark protection.

Is every suspicious shipment considered counterfeit?

No. Suspicion calls for examination and verification; it is not, by itself, conclusive proof of counterfeiting.

The products, documents, and circumstances should be assessed in accordance with the applicable procedures.

What should a business do after receiving a notification about a suspicious shipment?

The business should review the notification and available documents, compare them with information about its genuine products, verify the authority of the representative handling the response, and submit the required information through the approved channel within the applicable timeframe.

All steps should be documented, and copies of responses and supporting documents should be retained.

Can a trademark infringement report be filed after counterfeit products enter the market?

Reporting procedures may be available depending on the nature of the incident and the relevant authority’s jurisdiction.

The Saudi Authority for Intellectual Property provides an electronic service for trademark infringement reports. Businesses should review the latest official requirements before submitting a report.

Does a trademark owner need a legal adviser?

Not every procedure necessarily requires legal representation. However, specialized advice may be useful where a case involves multiple trademarks or classes, complicated ownership or authorization documents, a significant shipment, the potential for civil or criminal proceedings, or the need to assess evidence and select an appropriate legal route.

Conclusion: Trademark Protection Requires Registration, Monitoring, and an Organized Response

The development of mechanisms for enforcing trademark rights at customs borders represents an important step in addressing counterfeit products. The Tahqaq platform is one of the digital developments intended to organize customs registration and improve notifications and monitoring.

However, the effectiveness of these mechanisms depends on understanding their current scope and requirements, as well as the rights holder’s ability to provide accurate information, maintain proper documentation, and respond to notifications in accordance with the applicable procedures.

For businesses operating in Saudi Arabia, the practical steps extend beyond obtaining a trademark registration certificate. They include:

- Reviewing ownership records and trademark classes.

- Verifying the available customs-registration requirements.

- Appointing an authorized representative when necessary.

- Preparing clear evidence and reference materials for genuine products.

- Establishing an internal plan for handling suspected counterfeiting cases.

Every incident should be assessed according to its specific circumstances. Suspicion should not be treated as conclusive proof of counterfeiting, and trademark registration alone should not be assumed to prevent every infringement.

The appropriate response begins with documenting the evidence, understanding the scope of the protected rights, and reviewing the relevant legal procedures.

As e-commerce and international trade continue to evolve, intellectual property protection is becoming an integral part of commercial risk management rather than a merely formal administrative requirement.

The better prepared and more organized a business is in monitoring its rights, the better positioned it will be to address suspected infringements responsibly and protect its brand, reputation, and commercial interests.

Suleiman Al-Omari Intellectual Property Law Office

Suleiman Al-Omari Intellectual Property Law Office provides specialized intellectual property protection services in the Kingdom of Saudi Arabia, including:

- Trademark registration.

- Patent protection.

- Industrial design registration.

- Copyright and trade secret protection.

- Monitoring and addressing intellectual property infringement cases.

- Legal consultancy concerning the protection of innovations and intellectual property assets for individuals and businesses.

Contact: +966 53 777 8130

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Legal Disclaimer: This article is intended for general informational and educational purposes concerning the Tahqaq platform and trademark protection at customs borders in the Kingdom of Saudi Arabia. It does not constitute a substitute for specialized legal advice. Applicable procedures, rights, and legal consequences vary depending on the circumstances of each case and the laws and regulations in force.