English
Registration is a requirement to obtain rights to a trademark. Kuwait follows the "first to file" principle. However, the courts still recognize rights arising from use of a mark.
The national office is not accessible online.
Neither actual use nor intent to use is required for application.
The following can be grounds for opposition:
- proprietary rights
- the mark is generic
- the mark is descriptive
- rights in a personal name
- the mark is misleading, deceptive or disparaging
- the mark is functional
- the mark is not distinctive
- the mark is against public policy or principles of morality
- the mark consists of a geographical indication
The following parties may oppose an application:
- any interested party
- the owner of an earlier right
The following can be grounds for cancellation:
- proprietary rights
- the mark is functional
- the mark is not distinctive
- trade names
- the mark is descriptive
- the mark is generic
- the mark is misleading, deceptive or disparaging
- protection of armorial bearings, flags and other State emblems
- representation of the proprietor of the mark
- the mark is against public policy or principles of morality
- the mark consists of a geographical indication
The following rights are established by registration:
- the exclusive right to use the registered trademark
- the right to object to a later conflicting application
- the right to request for a later conflicting registration to be cancelled
- the right to file an infringement case against third parties for using a confusingly similar mark
The opposition period begins on the first day of publication.
The opposition period ends 60 days from the date of publication.
Kuwait is not a member to either the Madrid Agreement or the Madrid Protocol. International applications may not be designated in this jurisdiction.
Periodic statements of use are not required.