KUWAIT

COUNTRY : KUWAIT

CAPITAL : KUWAIT CITY

LANGUAGE : ARABIC

 

Kuwait Trademarks office is administered by Ministry of Trade and Industry.

 

International Treaties to which Kuwait is signatory:

• Paris Convention for the protection of industrial property
• Agreement on Trade Related Aspects of Intellectual Property Rights –TRIPS.
• NICE Classification of Goods & Services
• Berne Convention

 

• Kinds of Trademarks registrable in KUWAIT

  • Following indications may be used as Trademarks in Kuwait:

    • Word marks
    • Names
    • Letters
    • Numbers
    • Seals
    • Pictures
    • Inscriptions
    • Graphic Elements
    • Colours
    • Phrases
    • Symbols
    • Devices
    • Configurations
    • Audio marks and olfactory marks
    • Slogans
    • Packaging
    • Designs
    • Combination of the above

    Types of Marks registrable:

    1. Collective marks
    2. Certification marks
    3. Service marks
    4. Well Known marks
• Requisites for a Trademark to be registrable in KUWAIT

  • Trademarks must contain the following essential requirements to be registrable in Kuwait:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.
• Kinds of Trademarks not registrable in KUWAIT

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Kuwait:

    1. Marks not distinctive.
    2. Marks that are mere descriptions of the goods, products that they represent or familiar drawings and ordinary pictures of goods and products.
    3. Marks and Signs contravening morality, public order and law of the land.
    4. Marks misleading the public as to the origin or the source of the products or services or their characteristics.
    5. Marks that are considered imitations / copies/ translations of famous and well known marks.
    6. Marks that are similar / identical to registered and pending marks.
    7. Marks identical /similar to or containing elements resembling maps, emblems, flags, signs, seals and official insignia of national and international organisations.

    TrademarkCopia through its associate Law Firms and Lawyers in Kuwait is at hand to help you with trademark registration and prosecution.

• Trademark Search in KUWAIT

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since there is no novelty search concerning prior pending marks carried out by the Trademarks Office of Kuwait.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Kuwait.

• Trademark Filing in KUWAIT

  • Filing is done with the Trademark office of Kuwait. Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant iv Classes in which Registration is sought.
    4. Power of Attorney (POA)
    5. Priority details if any.
    6. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)
       Kuwait not member of NICE Agreement, However follow the NICE Agreement.

    TRADEMARKCOPIA.COM Attorneys will assist you with:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in KUWAIT

  • Once the trademark application is lodged at the IP Office, it is examined for registrability.

    Accepted applications are published in 3 consecutive issues of the official journal. Interested parties can file opposition to the published trademarks within 30 days from the date of last publication.

    In the absence of opposition, the published mark is registered and certificate of registration issued to the applicant.

• Trademark Publication & Opposition in KUWAIT

  • Accepted applications are published in 3 consecutive issues of the official journal.

    Post publication Interested third parties may file opposition to the published trademarks within 30 days from the date of last publication.

    In the absence of opposition, the published mark is registered and certificate of registration issued to the applicant.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Kuwait can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in KUWAIT

  • Post publication of the trademark in the journal, if does not encounter any opposition by third parties the application proceeds for registration.

    Once the trademark is registered, registration certificate is issued.

    Trademark registration in Kuwait is valid for 10 years from the date of application after which it can be renewed for another 10 years for unlimited times.

    Rights of Trademark Owners: Trademarks may be:

    • Transferred in whole or in part.
    • Inherited – Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties
    • The subject of appropriate redressal from a court of law upon infringement,
• Trademark Usage in KUWAIT

  • Usage of the trademarks before filing an application for registration is not a pre-requisite. However, non-use continuously for 5 yrs. post registration would make the mark vulnerable for cancellation.

• Trademark Cost of Registration in KUWAIT

  • Please write mail for cost of registration of trademark in Kuwait to the mail address given below:

    contact@trademarkcopia.com