English
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
The territorial limit of registration is Kuwait.
A power of attorney must be filed before the examination phase of the trademark registration process.
Trademark rights are primarily obtained through registration.
Attack on the ground of non-use is available.
- words
- devices
- names
- combinations of colours
- certain three-dimensional shapes
- sounds
- slogans
- smells/olfactory marks
- collective marks
- trade dress/get-up
- service marks
The order of the application process is as follows:
- Examination of the application based on:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- 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
- Registration
- 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
Kuwait uses the Nice Classification System.
Kuwait does not follow the European Union Trade Mark registration (formerly known as the Community Trade Mark registration).
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
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.
The initial term of a registration is 10 years calculated from the application date.
The first renewal date of a registration is 10 years from the application filing date.
It is legally permitted to use an unregistered mark for any goods or services.
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.
Subsequent renewals last for a period of 10 years from the renewal date of the registration.
The first renewal date of a registration is 10 years from the application filing date.
The following documentation is required for renewal:
- power of attorney
- original certificate of registration
The grace period after the renewal date has expired is 6 months.