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.
Trademark registration: Requirements
- A legalized power of attorney
- Goods & classes covered (nr)
- Advice if the mark is used or will be used during the coming 5 years (non-use of the mark may be a cause for canceling by interested parties through court action) (nr)
- Legalized copy of home registration.
- Legalized certificate of Origin for pharmaceutical products or soap & cosmetics. (Done)
- Legalized extract from the commercial register.
- Legalized certificate Priority documents if claimed. (nr)
Trademark registration: Procedure
The application process includes a formal examination, an examination of distinctiveness, and a search for prior trademarks. It takes approximately 20-24 months from first filing to registration. After registration, the trademark is published in the Patent Office Gazette. The opposition period is 30 days from the publication date of the application.
(Trademark registration takes approximately 10-12 months from first filing to registration)
- Filing: the mark will be filed in the trademark office where a serial number and dated filing document would be given for the ordered mark.
- Formal Examination: an examination of distinctiveness and a search for prior trademarks (Formal Examination could not be done without completing all required documents).
- First Publication: The trademark will be published in the Gazette for 1 month, to ensure that there are no oppositions.
- Second Publication: In case of no oppositions after the first publication period the trademark will be registered and published again in the Gazette.
Trademark registration: Duration
Trademark registration in Kuwait is valid for 10 years and starts with the Filing date. The registration is renewable for periods of 10 years.
Duly note, if the trademark has not been used within 3 years from the issue of the registration certificate or has not been used later for a continuous period of 3 years, it may be subject to cancellation.