Trademark Registration in Kuwait
Trademark Registration in Kuwait – In Kuwait, the legal basis is the Ministry Decree No. 8 of 1995. Pursuant to Trade Law No 68/1980. The trademark law does not provide protection for 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. Trademark protection is obtained by registration.
Kuwait is a signatory to the Paris Convention for the Protection of Industrial Property and adopts the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement. Following their official affiliation with the World Intellectual Property Organization in 1998, Kuwait has steadily built its Intellectual Property Rights laws.
Trademark Registration in Kuwait
Trademark Registration in Kuwait – In Kuwait, the legal basis is the Ministry Decree No. 8 of 1995. Pursuant to Trade Law No 68/1980. The trademark law does not provide protection for 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. Trademark protection is obtained by registration.
Kuwait is a signatory to the Paris Convention for the Protection of Industrial Property and adopts the International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement. Following their official affiliation with the World Intellectual Property Organization in 1998, Kuwait has steadily built its Intellectual Property Rights laws.
About Trademark Registration in Kuwait
What is a Trademark?
A trademark is typically a brand name that is used in business as an identification sign to distinguish the goods or services from other companies. A trademark could be a name, words signatures letters figures, pictures, signatures, colors, words, slogans, software, application, website, shape, or combinations of any of these.
What is a trademark class system?
What are the benefits of trademark registration?
You will enjoy the following main benefits by registering your trademark:
- Protect your business identity
- Protect you against others using the same or similar marks
- protects you against confusion with others who trade in the same industry but have a bad reputation
- It’s a valuable asset: it can be licensed, franchised, or sold
Difference between a trademark and other IP
A trademark is only one form of intellectual property and is typically associated with logos and brand names. The other forms of intellectual property that can be protected by companies are:
- Patents: These are used for new technology, inventions, ideas, processes, and methods
- Copyrights: These are used for literary, artistic, dramatic works, musical works, or computer software
- Industrial Designs: These are used for shapes, patterns or ornamentation applied to industrially produced objects
Trademarks in Kuwait are valid for 10 years from the filing date and can be renewed indefinitely for successive 10-year periods. Renewal of a trademark must be requested within the last year of the current 10-year validity period. Late payment is possible within 6 months after the expiration of the validity term, a surcharge applies.
For trademark registration in Kuwait, foreigners need to hire reputed trademark agents or attorneys. The trademark has to be filed at the Trademark Office and the major requirement is a Power of Attorney authenticated by the Kuwait Consulate. The following are the steps for completing a successful trademark registration in Kuwait.
1. Trademark Search
Conducting a proper and comprehensive search about the trademarks is advisable before filing the application for trademark registration in Kuwait. The trademark search can be conducted with the assistance of the best trademark agents in Kuwait. The agents will investigate the internal database of the trademark office for finding the likelihood of any registered trademarks that are in conflict with the potential trademark that is about to be registered. The trademark agents in Kuwait also conduct unofficial trademark searches through the internet to find out conflicting trademarks. A proper trademark search helps avoid the likelihood of trademark opposition.
2. Trademark Registration
In the next step, the trademark agents in Kuwait will file a trademark registration application at the Trademark Office on behalf of the potential brand owner. The trademark needs to be filed under the relevant classes of goods and services as per the NICE Classification of trademarks. If multiple classes are relevant, then separate filing is necessary for each class. Kuwait doesn’t allow protection for alcohol-related trademarks under Class 32 and Pork Meat in Class 29. Kuwait has completely dropped Class 33 and Class 34 has been designated for tobacco products.
3. Trademark Examination
After the trademark application is filed, the trademark office examines whether the mark is valid for registration or not. If the Registrar accepts the trademark application, then it will be published three times in the Official Gazette called Al-Kuwait Al-Youm. If the trademark is found to violate the regulations, the applicant is required to file an appeal in court within 60 days of the official notification.
4. Trademark Opposition Period
After accepting the trademark application, any interested party can oppose the filing within a 60-day period, which is called the trademark opposition period in Kuwait. Those who want to oppose the trademark application citing a likelihood of confusion or any other reason can submit a statement of opposition to the Registrar within the opposition period. The statement should be submitted in 60 days from the date of the third publication of the notice in the Official Gazette.
5. Issuance of Trademark Certificate
The Registrar will examine all the opposition claim statements submitted to the Trademark Office. All the trademark applications will remain pending in the office and a Trademark Certificate will be issued until the Registrar makes a decision or a verdict from the court in favor of either party is received. The certificate will also be issued if both parties reach an amicable settlement or no opposition is filed by any party.
Requirements for Trademark Registration in Kuwait
Trademark/Service Mark Applications
- A Power of Attorney legalized up to the Consulate of Kuwait.
- A simple copy of the priority document if the application to be filed with a priority claim.
Renewal of Trademark/Service Mark Registrations
- A power of attorney legalized up to the Kuwait consulate.
- Copy of the Kuwaiti registration certificate of the mark.
Assignment Applications
- A Power of Attorney executed by the assignee legalized up to the Kuwaiti Consulate.
- A deed of assignment proving the assignment signed by both parties and legalized up to the Kuwaiti Consulate.
- A copy of the Kuwaiti Certificate of Registration of the mark.
Change of Name/Address Applications
- A Power of Attorney executed in the new name and/or address legalized up to the Kuwaiti Consulate.
- An official certificate proving the change of name and/or address legalized up to the Kuwaiti consulate.
- A copy of the Kuwaiti Certificate of Registration of the mark.
Merger Applications
- A Power of Attorney duly legalized up to the Kuwaiti Consulate.
- A merger document legalized up to the Kuwaiti Consulate.
- A copy of the Kuwaiti Certificate of Registration of the mark.
Note:
To claim the priority the application to be filed within 6 months from the date of filing the basic application.
FAQs Trademark Registration in Kuwait
7 Working days.
Kuwait follows the 8th Edition of the International Classification (Nice Classification).
Beer, ale, and porter in class 32, alcoholic goods in class 33, and pork meat in class 29 are not registrable.
- Gives protection to all goods in the class, but only the goods covered by the basic registration shall be specified in the Kuwaiti registration.
Can be registered in joint names, but require a certified and legalized copy of a basic registration in the name of joint names.
- The only required document for filing a trademark application in Kuwait is a power of attorney legalized up to the Kuwaiti Consul. The power can be filed later without any additional charges. There is no specific deadline for filing the power of attorney at the trademark Office. However, without submitting the legalized power of attorney we may not be able to get the registration certificate.
One application cannot cover more than one class of goods/services. A separate application is needed for each class.
- A priority claim is not applicable as Kuwait is not a member of the Paris Convention.
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.
A certified and legalized copy of the amended home or foreign registration. An amendment application is to be filed to correct the details.
- 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.
The use of one item is sufficient to protect all goods in the same class.
Use should be by means of the sale of the products in the territory.
Assignment or any recordal is not possible for any pending application. Need to wait until it registered.
Assignment or any recordal is not possible for any pending application. Need to wait until it registered.
Recordation of license or registered user is not permissible in the Kuwaiti Trademarks Registry.
No records are made against pending applications.
The trademark respective owner shall have the right to assign his trademark with or without the goodwill. A nominal amount is sufficient (Eg. the US $1).
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