KUWAIT:

The International Classification of Goods and Services for the Registration of Marks under the Nice Agreement is followed in Kuwait. The trademark law does not protect 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 concerning each class of goods and services.

Once a trademark application is filed, the trademark is examined as to its registrability. If the Registrar rejects a trademark, the applicant may file an appeal in court within 60 days of the date of the official notification. Trademark applications accepted by the Registrar will be published on the Official website of the Trademarks Office. There is a 60-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 60 days of the publication date of the relevant notice on the Official website of the Trademarks Office.

An opposition statement requires the applicant’s counter-notification to be filed within 60 days 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 e-certificate of registration will be issued on the Official website of the Trademarks Office.

Trademark registration is valid for ten years as of the date of applying, renewable for similar periods of 10 years each upon applying for renewal during the last year of the protection period of the trademark.

The trademark law provides a 6-month grace period for late renewal of a trademark registration subject to the payment of a lateness fine. A trademark that 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. Unless an assignment has been entered against the trademark in the register, the assignment shall not be effective vis-à-vis third parties. A recordal certificate will be issued 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 registration can also be recorded. However, the recording of licenses or registered users is not applicable in Kuwait.

The use of trademarks in Kuwait is not a prerequisite for filing applications for registration or maintaining trademark registrations. However, trademark registration is vulnerable to cancellation by any party who can convince the court that the trademark has not been used seriously for five 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 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.

1. Full name and address and nationality of the applicant. Applicant must be a company as it is not possible to register a trademark for individual.

2. Power of attorney notarized and legalized up to the Kuwait Consulate. If there is no Kuwait consulate in your country, the legalization can be made by any Arabic Consulate. Then, the super legalization of the document will be prepared locally in Kuwait with an additional fee of 200 US$. The applicant must be a company as it is impossible to register a trademark for an individual.

3. Trademark image.

4. List of goods/services to be covered by the application.

5. Certified copy of priority document if claimed (accepted within six months).

The legalized POA is needed with the application filing. It is permissible to file trademark applications and obtain the filing particulars and copies of the evidentiary filing documents with the scanned copy of the legalized POA. However, the original required documents should be submitted within three months of the application filing date. There is no additional fee for the late filing of the original documents.

1. Power of attorney notarized and legalized up to the Kuwait Consulate.

2. Scanned copy of trademark registration certificate.

• Filing System: Single class Filing system.
• Classification of goods/services: Nice Classification.
• Registrable: trademarks, service marks, collective marks.
• If there is no Kuwait consulate in your country, the legalization can be made by any Arabic Consulate. Then, the super legalization of the document will be prepared locally in Kuwait with an additional fee of 200 US$.
• The applicant must be a company as it is impossible to register a trademark for an individual.
• Claiming priority: Paris Convention within 6 months.
• Time from filing to registration certificate: 10:12 months.
• Trademark Search: Unofficial search only.
• Time required to complete the search: 10 days.
• Time from filing to receive renewal certificate: 3:6 months.
• Time from filing till receiving assignment certificate: 3:6 months.
• Examination type: substantive examination.
• Protection (registration) Duration: 10 years from the filing date.
• Use: a registered mark may be subject to a cancellation action by any interested party if it has not been used for 5 consecutive years.
• The renewal application can be made within 06 months before expiry.
• Renewal Duration: 10 years.
• Grace period to renew after expiration: 06 months with a penalty.
• Registration/renewal/assignment/change name/change address certificate: electronic certificate.