Kuwait
Trademark
WHAT YOU NEED TO KNOW
CLASSIFICATION
In the 10th edition of single-class applications, it’s important to note that registration is not allowed for Class 33, alcoholic goods in Class 32, and pork meat in Class 29.
SEARCH
Possibility of word and gadget markings
EXAMINATION
Regarding formal, absolute, and relative considerations
OPPOSITION
60 days from publication date
PROTECTION TERM
The initial registration remains in force for 10 years from the filing date and can be extended for successive equivalent periods.
USE
Subject to potential cancellation if the mark remains unused for a continuous period of 5 years from the filing date.
EXTENSION OF TIME
Filing oppositions, counter-oppositions, and responding to office actions is not an available option.
REQUIREMENTS
Filing Requirements
All of the following procedures require a legally recognized POA.
TREATIES AND CONVENTIONS
The international organizations and agreements of significance include the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), the Gulf Cooperation Council (GCC), the GCC Patent Law, the Berne Convention, and the Paris Convention.
REGISTRATION
Filing Requirements
A certificate of incorporation or an extract from the commercial register.
A certified copy of the priority document, if a priority claim is made.
What you need to know
The Power of Attorney (POA) is required to be provided during the initial filing.
Priority documents can be submitted within 3 months starting from the filing date.
RENEWAL
Filing Requirements
A copy of the registration certificate that displays the trademark’s validity and the latest owner’s details.
What you need to know
A grace period of 6 months
CHANGE OF NAME OR ADDRESS
Filing Requirements
A legalized certificate indicating a change of name or address.
A copy of the registration certificate, displaying the trademark’s validity and the last owner’s particulars.
What you need to know
May be recorded for registrations only
ASSIGNMENT
Filing Requirements
A deed of assignment that has been duly legalized.
A copy of the registration certificate, demonstrating the trademark’s validity and the particulars of the last owner.
What you need to know
Trademarks can be transferred with or without the associated business goodwill and can be officially recorded for registration purposes only.
MERGER
Filing Requirements
A legalized certificate of merger.
A copy of the registration certificate, displaying the trademark’s validity and the last owner’s particulars.
What you need to know
May be recorded for registrations only
LICENSE
Filing Requirements
A legalized, certified copy of the license agreement.
A copy of the registration certificate, indicating the trademark’s validity and the particulars of the last owner.
What you need to know
Can be officially recorded for registration only.
Separate Power of Attorney (POA) documents are necessary from both the licensee and licensor.
Patents
WHAT YOU NEED TO KNOW
EQUIVALENT SEARCH
No provisions
EXAMINATION
On formal and substantive grounds
PUBLICATION
Published before the award and after the substantive examination
OPPOSITION
Three months from the publication date
ANNUITIES
The 2nd to 20th annual payments can vary based on the type of filing process (PCT or Paris Convention), commencing annually during the first quarter (January 1 to March 31).
PROTECTION TERM
20 years from the international filing date
REQUIREMENTS
Filing Requirements
For all the procedures listed below, a Power of Attorney (POA) with legalization is a mandatory requirement.
REGISTRATION
Filing Requirements
- Certificate of International Publication
- Specifications provided in both English and Arabic
- Drawings presented in both English and Arabic
What you need to know
All documents can be provided within 3 months from the filing date.
Documents must be translated into Arabic when submitting.
CHANGE OF NAME OR ADDRESS
Filing Requirements
A legalized certificate confirming a change of name or address.
ASSIGNMENT
Filing Requirements
Deed of assignment, legalized
MERGER
Filing Requirements
Certificate of merger, legalized
LICENSE
Filing Requirements
License agreement, legalized
Design
WHAT YOU NEED TO KNOW
PROTECTION TERM
10 years after the date of filing
EXAMINATION
Regarding shape, originality, and practicality for industry
APPLICATION WITH MULTIPLE FIGURES
Acceptable for a maximum of 50 figures
RENEWAL
Allowed for one term of 5 years
LOCARNO CLASSIFICATION
No
OPPOSITION
No provisions
REQUIREMENTS
Filing Requirements
- A legalized Power of Attorney (POA).
- Two representations of the design.
- A description of the design.
- A legalized certificate of incorporation.
- A legalized copy of the priority document if a priority claim is made.
What you need to know
All documents may be submitted within 3 months from the filing date