Kuwait Trademarks

Filing Requirements:

1. Power of attorney, legalized. A general power may be used for subsequent filings.

2. Certificate of home registration/application, legalized. If unavailable, certificate of foreign registration/application accompanied by a declaration stating that the applicant has no home registration/application, both legalized.

3. 12 prints of the mark for each application.

* Documents 1 and 2 may be submitted at any time before publication.

Classification:

The International Classification of Goods and Services (8th Edition) is followed. However, class 33, alcoholic goods in class 32, and pork meat in class 29 can not be registered in Kuwait. A separate application is required for each class.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 30 days from the third publication in the Official Gazette.

Extension Of Time:

Extension of time for oppositions/counter oppositions or for responding to office actions is not possible.

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Documents Required For Renewal:

  • Power of attorney, legalized.
  • The original Kuwaiti certificate of registration of the mark for endorsement.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Search:

An official search is not possible. Only an in-house search can be conducted (for word marks and devices). It takes approximately 7 working days for the results to be available. A separate application is required for search in each class. The search report discloses similar and identical trademark registrations.

Assignment:

* Registered trademarks may be assigned with or without the goodwill of the business concerned.

* Documents required:

  • Power of attorney from the assignee, legalized.
  • Deed of Assignment, legalized.
  • Original certificate of registration of the mark for endorsement.

Change Of Name/Address:

* A change of name/address may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, legalized.
  • Official certificate evidencing the change of name/address, legalized.
  • Original certificate of registration of the mark for endorsement.

Licensing:

* If the licensor or licensee is a Kuwaiti national, the license agreement may be recorded at the commercial registry and not the Trademark Office. A legalized extract from the commercial register would then be duly recognized by the Courts should a conflict arise.

Merger:

* A merger may be recorded for trademark registrations only.

* Documents required:

  • Power of attorney, legalized.
  • Certificate of merger, legalized.
  • Original certificate of registration of the mark for endorsement.

Marking:

Marking is not compulsory.

Cancellation:

A trademark may be subject to cancellation by any interested party before the Court within 5 years from registration date unless the mark was registered in bad faith, in which case, there is no time limit.

Registration Time Frame:

The time frame for completing the registration process is 7 to 11 months.

Three Dimensional Trademark Applications:

Acceptable.