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Trademark Registration

Summary for Kuwait

Kuwait Trademark Service Charges

Filing Requirements
Trademark/Service Mark Applications

1. A Power of Attorney legalized up to the Consulate of Kuwait.
Renewal of Trademark/Service Mark Registrations

1. A Power of Attorney notarized and legalized up to the Kuwaiti Consulate. 
2. The original Kuwaiti registration certificate of the trademark for endorsement purposes. 

Assignment Applications
1. A Power of Attorney executed by the assignee legalized up to the Kuwaiti Consulate.
2. A deed of assignment proving the assignment signed by both parties and legalized up to the Kuwaiti Consulate.
3. The original Kuwaiti certificate of registration of the trademark for endorsement purposes.

Change of Name/Address Applications
1. A Power of Attorney executed in the new name and/or address legalized up to the Kuwaiti Consulate.
2. An official certificate proving the change of name and/or address legalized up to the Kuwaiti consulate.
3. The original Kuwaiti certificate of registration of the trademark for endorsement purposes.
Merger Applications
1. A Power of Attorney duly legalized up to the Kuwaiti Consulate.
2. A merger document legalized up to the Kuwaiti Consulate.
The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Kuwait. The trademark law does not provide for the protection of trademarks covering alcoholic drinks in classes 32 and 33 and pork meat in class 29. Class No. 33 has been completely dropped and the international class 34 has been reinstated for tobacco products. A separate application should be filed with respect to each class of goods and services.
Once a trademark application is filed, the trademark is examined as to its registrability. In case the Registrar rejects a trademark, the applicant may file an appeal in court within 30 days as of the date of the official notification. Trademark applications accepted by the Registrar are published in 3 consecutive issues of the Official Gazette of Kuwait (Al-Kuwait Al-Youm). There is a 30-day period open for filing opposition by any interested party. The statement of opposition to the registration of a trademark should be submitted to the Registrar within the prescribed term of 30 days, as of the date of the last (third) publication of the relevant notice in the Official Gazette.
An opposition statement requires a counter statement to be filed within 30 days by the applicant in order to maintain the trademark application in force. All opposed trademark applications remain pending with the Registrar until he takes a decision or a court decision is issued in favor of either party or an amicable settlement is reached by the parties concerned. In the absence of opposition, the relative certificate of registration will be issued.
A trademark registration is valid for 10 years as of the date of filing the application, renewable for similar periods of 10 years each upon submitting an application for renewal during the last year of the protection period of the trademark.
The trademark law provides for a 6-month grace period for late renewal of a trademark registration subject to the payment of a lateness fine. A trademark, which lapses, may be re-registered in the name of a third party at any time.
The assignment of a trademark can be recorded once the trademark is registered. In fact, unless an assignment has been entered against the trademark in the register, the assignment shall not be effective vis-à-vis third parties. Recordal particulars are endorsed on the certificate without publishing it in the Official Gazette. It is possible to assign a trademark with or without the goodwill of the concerned business. Changes in the name or address of a registrant, amendment of a trademark and limitation of goods covered by a registration can be recorded as well. However, recording of licenses or registered users is not applicable in Kuwait.
Use of trademarks in Kuwait is not a prerequisite for filing applications for registration or for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation by any party who can convince the court that the trademark has not actually been used in a serious manner for 5 consecutive years, or that there was no bona fide of using the trademark on the goods in respect of which the trademark was registered.
Unauthorized use of a trademark registered under the law or an imitation of such a trademark applied on goods of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods, bearing a counterfeit mark by another person to serve the purpose of unauthorized promotion of goods of the same class are offenses punishable under the law in Kuwait.
T1: How long will it take to conduct a trademark search?
- 7 Working days.
T2: Does your country use the international classification?
- Kuwait follows the 8th Edition of the International Classification (Nice Classification).
T3: Are there any goods or services for which the mark can not be registered?
- Beer, ale and porter in class 32, alcoholic goods in class 33 and pork meat in class 29 are not registrable.
T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
- Gives protection to all goods in the class, but only the goods covered by the basic registration shall be specified in the Kuwaiti registration.
T5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?
- Can be registered in joint names, but require a certified and legalized copy of a basic registration in the name of joint names.
T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
- Application can be filed with complete documents. Late filing of documents is not allowed.
T7: Can one application cover more than one class of goods/services?
- One application cannot cover more than one class of goods/services. A separate application is needed for each class.

T8: May priority be claimed under the Paris Convention?
- Priority claim is not applicable as Kuwait is not a member of Paris Convention.
T9: What is the term of protection of a trademark? From what date is it calculated?
- Protection period is 10 years. Calculated from the filing date.
T10: Is marking compulsory and, if so, how should marking be made?
- There is no specific requirement regarding marking in the Kuwaiti trademark law. When a registered mark is in use, it is advisable to mark encircled R to indicate that it is registered.
T11: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
- A certified and legalized copy of the amended home or foreign registration. An amendment application is to be filed to correct the details.
T12: Is use required before registration or for maintaining the registration in force?
- Use is not required before registration, but should be used 5 consecutive years after filing the application to avoid cancellation on nonuse. Use requirement is not needed for renewal.
T13: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
- Use of one item is sufficient to protect all goods in the same class.
T14: What are the types of use required?
- Use should be by means of sale of the products in the territory.
T15: Can the assignment of an application be recorded?
- Assignment or any recordal is not possible for any pending application. Need to wait until it registered.
T16: Is recording a license agreement compulsory? What are the consequences of non-recordal?
- Recordation of license or registered user is not permissible in the Kuwaiti Trademarks Registry.
T17: Can recordals such as change of name, address, merger, assignment, license, etc. be made against pending applications?
- No recordals are made against pending applications.
T18: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
- The trademark respective owner shall have the right to assign his trademark with or without the goodwill. A nominal amount is sufficient (Eg. US $1).
T19: Can the trademark application be opposed and what is the opposition period?
- Trademark application can be opposed within 30 days from the date of 3rd publication.
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Horwath Mak International Trademark & Patent Attorneys
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