Trademark Search in Kuwait

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Frequently Asked Questions
Is there a time frame for filing for a trademark registration?

The approximate time frame for the completion of registration is 6 to 10 months. This is applicable for applications without oppositions.

If I register my trademark in Kuwait, do I have protection in other territories?

The territorial limit of registration is Kuwait.

Do I need to sign a Power of Attorney?

A power of attorney must be filed before the examination phase of the trademark registration process.

Are there any benefits from a pre-filing use of the trademark?

Trademark rights are primarily obtained through registration.

Will there be problems in case I don’t use my trademark after registration?

Attack on the ground of non-use is available.

What are the types of trademark that can be registered in Kuwait?
  • words
  • devices
  • names
  • combinations of colours
  • certain three-dimensional shapes
  • sounds
  • slogans
  • smells/olfactory marks
  • collective marks
  • trade dress/get-up
  • service marks
What are the phases of application after a trademark has been filed in Kuwait?

The order of the application process is as follows:

  1. Examination of the application based on:
    • formalities
    • classification
    • clarity
    • descriptiveness
    • distinctiveness
    • deceptiveness
    • conflict with prior registration
  2. Publication of the following information:
    • mark
    • name of applicant
    • address of applicant
    • application number
    • application date
    • goods/services
    • representation of trademark
    • agent of record
    • conditions and limitations to registration
  3. Registration
What type of trademark is not registrable?
  • generic terms
  • marks contrary to moral standards or public order
  • names, symbols or flags of nations, states, or regions, or of international organizations
  • geographic location names
  • non-distinctive marks
Does Kuwait use the "Nice Classification" system?

Kuwait uses the Nice Classification System.

Does the Community Trademark apply for Kuwait?

Kuwait does not follow the European Union Trade Mark registration (formerly known as the Community Trade Mark registration).

Is there any possibility to claim priority in Kuwait?

It is possible to claim priority if:

  • the applicant's home country is a member of the Paris Convention
  • its home application was filed within six months prior to the application date in Kuwait
What do I need to do to satisfy the use requirement?

A trademark must be used within five consecutive years from the registration date. The owner must provide a justification for non-use to avoid cancellation. The court will determine if the evidence of use provided by the registrant is acceptable. Use of the trademark must occur in Kuwait.

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

It is legally permitted to use an unregistered mark for any goods or services.

Does having a registered trademark in Kuwait give me any right?

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.

What is the web address of the trademark national office?

The national office is not accessible online.

Is there any need to use my trademark before I apply for registration?

Neither actual use nor intent to use is required for application.

Can a Trademark Application be opposed?

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
Who can contest my trademark application?

The following parties may oppose an application:

  • any interested party
  • the owner of an earlier right
Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

The opposition period begins on the first day of publication.

 

The opposition period ends 60 days from the date of publication.

Is Kuwait a member of the Madrid System?

Kuwait is not a member to either the Madrid Agreement or the Madrid Protocol. International applications may not be designated in this jurisdiction.

Do I need to present periodic statement of use?

Periodic statements of use are not required.

When should I renew my trademark?

Subsequent renewals last for a period of 10 years from the renewal date of the registration.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is there any documentation that should be presented when renewing a trademark?

The following documentation is required for renewal:

  • power of attorney
  • original certificate of registration
If my trademark expires, do I have a grace period?

The grace period after the renewal date has expired is 6 months.

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