Trademarks: Kuwait

General Information

International Agreements : Paris Convention (as of Sep 2, 2014).

Classification : International Classification (Classes 1-45); Single Class Filing.

What is Registrable : Trademarks & Service Marks.

What is Not Registrable : 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 international class 34 has been reinstated for tobacco products. A separate application should be filed with respect to each class of goods and services.

Priority under Paris Convention : Yes
Examination : Yes - as to its registrability
Publication : Yes – in three consecutive issues of the Official Gazette
Opposition : Yes – within 44 days from 1st publication issue (No extensions are permitted).

Time Frame for Registration : 18 months
Registration Term : 10 Years from filing date
Renewal Term : 10 Years
Grace Period for Renewals : 6 months after expiration date

Use Requirement : Use of trademarks in Kuwait is not a prerequisite for filing applications for registration or for maintaining trademark registrations in force.

Cancellation : A trademark registration is vulnerable to cancellation by any party who can convince the court that the trademark was not actually used in a serious manner 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.

Marking Requirements : Marking is compulsory. It should be with “R” or “Registered trademark”.

Assignments - Must Assignments be recorded ? No
Can pending applications be Assigned ? No

Licenses - Must Licenses be recorded ? License agreement is not applicable in the 
Trademarks Registry.
Can pending application be Licensed ? No

Important Notes :

  1. Power of attorney can be filed later.
  2. The Kuwaiti Trademark Office recently decided to temporarily suspend the requirement for filing a legalized copy of Home or Foreign registration certificates. However, the Registrar reserves the right to ask for the said document in certain cases only.

Filing Requirements

Trademark/Service Mark Requirements

  1. A power of attorney legalized up to the Consulate of Kuwait (can be filed later). 
  2. Twelve prints of the trademark for each class (preferably not exceeding 5x5 
    centimeters each). Additional publication charges are to be paid for a large size 
    print. The prints can be prepared locally.
  3. Priority Document (if claimed) legalized up to Kuwaiti Consulate must be submitted within 2 months as of filing date (a simple copy is sufficient at the time of filing).

Renewal of Trademark/Service Mark Requirements

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

Assignment Recordal Requirements

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

Merger Recordal Requirements

  1. A power of attorney duly legalized up to the Kuwaiti Consulate. 
  2. A merger document legalized up to the Kuwaiti Consulate.

Change of Name/Address Requirements

  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.

 

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