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Trademark in Kuwait

Applications for several classes

Applications for more than one class are not permitted in Kuwait. For each class, a separate application must be submitted.

Kuwait's filing requirements

  1. Arabic is used exclusively in court proceedings before the Kuwaiti Patent Office. The following information must be provided to the patent office in order to file a trademark application in Kuwait-
    • The applicant's name, address, and nationality;
    • A representation of the trademark;
    • A list of the goods and/or services; and
    • A copy of the extract from the commercial register or certificate of incorporation (if a legal entity).
  2. Within one month of the filing date, the original Power of Lawyer that has been legalized all the way up to the Kuwaiti Consulate must be presented.
  3. Within three months after the filing date, an original certified copy of the Priority Document that has been legalized up to the Kuwaiti Consulate must be supplied.

Kuwaiti trademark application publication, opposition, and review

In Kuwait, trademark applications are reviewed for formal requirements compliance as well as for specific and general reasons to reject them. A trademark is issued in three back-to-back issues of the Official Gazette following the examination. Within 60 days of the final Official Gazette publication, objections may be filed.

Grant, duration of validity, and renewal of a trademark

Official grant costs must be paid within 30 days of the Notice of Allowance's issuing. In Kuwait, trademarks are good for ten years after filing and are renewable forever for additional ten-year periods. A trademark may only be renewed once during its current ten-year validity period. Within six months of the validity term's end, late payments are permitted; a fee is charged.

The length of the registration process

It typically takes 10 to 12 months from the moment an application is filed until it is registered.

Use condition

If a trademark is not used within five years after the filing date, Kuwaiti trademark registration may be revoked.

Using a trademark lawyer for representation

It is mandatory for international applicants to use a licensed trademark lawyer to complete trademark registration in Kuwait.

Documents needed for Kuwaiti trademark registration

The following paperwork is needed to register a trademark in the UAE-
If the following paperwork is included with the application for trademark registration, the Trademark Office will accept it-
  • Snapshots of the marks
  • Formally recognized and interpreted Power of Attorney
  • Evidence of commercial activity
  • If the trademark is written in a language other than Arabic, a translation must be provided. Additionally, a justification for the proper pronunciation must be provided.

    The procedure for registering a trademark in Kuwait

    Foreigners should work with reputable trademark agents or lawyers to register their trademarks in Kuwait. A Power of Attorney that has been authenticated by the Kuwait consulate is a crucial need for filing the trademark at the Trademark Office. The procedures for successfully registering a trademark in Kuwait are as follows-

    1. Search trademarks
      Before submitting the application for trademark registration in Kuwait, it is advised to conduct an appropriate and thorough search regarding the trademarks. The top trademark lawyers in Kuwait can help you with your trademark search. The trademark office's internal database will be checked by the agents to see whether there are any registered trademarks that might be infringing on the proposed trademark that is about to be registered. To identify competing trademarks, Kuwaiti trademark agents routinely perform unauthorized online trademark searches. A thorough trademark search can reduce the chance of trademark opposition.
    2. Registering a trademark
      The next step is for the potential brand owner to have the Kuwaiti trademark agents submit a trademark registration application to the Trademark Office. According to the NICE Classification of Trademarks, the trademark needs to be registered under the appropriate classes of products and services. If more than one class is pertinent, a separate filing is required for each class. Alcohol-related trademarks under Class 32 and trademarks relating to pork under Class 29 are not protected in Kuwait. Kuwait has totally abandoned Class 33, and tobacco products are now allowed in Class 34.
    3. Examining trademarks
      The trademark office investigates whether the mark is eligible for registration after receiving the trademark application. The trademark application will be published three times in the Al-Kuwait Al-Youm Official Gazette if the Registrar approves it. Within 60 days of receiving formal notification, the applicant must file a court appeal if it is determined that the trademark infringes on any laws.
    4. The time for trademark opposition
      Any interested party may object to the filing within 60 days of the trademark application being accepted; this time frame is referred to as the trademark opposition period in Kuwait. Within the opposition period, parties may file a statement of opposition to the Registrar in order to oppose the trademark application on the grounds of probability of confusion or for any other cause. After the notice's third Official Gazette publication, the statement must be submitted within 60 days of that date.
    5. Granting of a trademark certificate
      All opposition claim statements delivered to the Trademark Office will be reviewed by the Registrar. Until the Registrar reaches a decision or a court ruling in favor of either party is received, all trademark applications will remain pending in the office and a Trademark Certificate will be issued. The certificate will also be given out if there is an amicable agreement between the parties or if no one files an opposition.

    Assignments of trademarks

    Once the registration process for a trademark is complete, Kuwait permits the recording of trademark assignment. It should be emphasized that for the assignment to be valid with respect to third parties, it must be recorded in the Register against the trademark. The record’s specifics are attested to on the certificate and won't appear in the Gazette. Owners of trademarks may update them with a new name, address, or both. Kuwait, however, forbids the recording of trademark licenses or registered users.

    Renewal of a trademark in Kuwait

    In Kuwait, trademark registrations are protected for a period of ten years following the application date. By submitting a renewal application during the final year before the protection expires, the trademark may be extended for an additional 10 years. For the late renewal of a trademark registration in Kuwait, there is a grace period of six months, providing the applicant pays a late charge. The trademark will be deemed to have expired if it is not renewed even after the grace period and may be re-registered at any time in the name of any interested party.

    Kuwait trademark lawyers

    By registering their trademarks, business owners and private persons can create and safeguard their intellectual property rights in a flourishing commercial location like Kuwait. The owners of the brands must abide by the laws and norms and be aware of what in Kuwait can and cannot be branded. They require the expertise of a full-service intellectual property service provider like Estabizz in this situation.

    Charges imposed
    - Single-application registration-
    • Official cost is 1140 USD
    • Professional fee is 280 USD
    - Additional application registration-
    • Official cost is 1,050 USD
    • Professional fee is 280 USD
    - Collaborative trade mark registration-
    • Official cost is 1380 USD
    • Professional fee is 300 USD
    - Single registration renewal-
    • Official cost is 1085 USD
    • Professional fee is 170 USD
    - Single registration renewal during the grace period-
    • Official cost is 1240 USD
    • Professional fee is 170 USD
    - Single registration name change-
    • Official cost is 385 USD
    • Professional fee is 190 USD
    - Each additional single registration name change-
    • Official cost is 245 USD
    • Professional fee is 150 USD
    - Fees for a single address change-
    • Official cost is 385 USD
    • Professional fee is 190 USD
    - Each additional cost for a single registration address change-
    • Official cost is 245 USD
    • Professional fee is 150 USD
    - Fees for Assignment of Single Registration-
    • Official cost is 385 USD
    • Professional fee is 190 USD
    - Fees for each extra Assignment of Single Registration-
    • Official cost is 245 USD
    • Professional fee is 150 USD
    - Merging of Single Registration-
    • Official cost is 405 USD
    • Professional fee is 190 USD
    - Fees for each additional merger of a single registration-
    • Official cost is 245 USD
    • Professional fee is 150 USD
    - Costs for recording license a trademark registration-
    • Official cost is 658 USD
    • Professional fee is 190 USD
    - Costs for obtaining a certified copy of a registration-
    • Official cost is 155 USD
    • Professional fee is 140 USD
    - Appeal against a trademark's rejection-
    • Official cost is 155 USD
    • Professional fee is 200 USD
    - Opposition against a trademark-
    • Official cost is 315 USD
    • Professional fee is 250 USD
    - Counter statement opposing opposition-
    • Official cost is 00 USD
    • Professional fee is 300 USD
    - Attending an opposition hearing-
    • Official cost is 155 USD
    • Professional fee is 250 USD
    - Correction of data/print, etc.-
    • Official cost is 325 USD
    • Professional fee is 190 USD

    Trademark registration process

    • Since Kuwait is a "first to file" country, trademark registration is required in order to be given rights over a trademark. An unregistered trademark can only be protected in some rare circumstances. A trademark does not have to be in use in Kuwait to be registered there.
    • Alcoholic beverage trademarks in classes 32 or 33 cannot be registered in Kuwait.
    • If you register a combination trademark in Kuwait (one that combines both word and figurative elements), you are only granted the exclusive right to use it in the same way that you submitted and registered it. It is advised that you file for a different trademark that only includes the word or figurative features you intend to use and protect separately. This is true if you wish to use the word element of your trademark separately from the logo (or vice versa).
    • However, you will have the right to oppose the application on the grounds of confusing similarity if a third party subsequently wants to register or use a trademark for comparable goods or services that includes a primary or separate component or portion of your trademark.
    • A trademark application may be the subject of opposition actions by third parties within three (3) months of its publication. Depending on the specifics of each situation, many conditions will affect the odds of an opposition's success.
    • Although a trademark need not be utilized in order to register, it cannot stay inactive for more than five years at a time as this leaves it open to revocation claims based on inactivity. The use can be minimal to avoid this risk.
    • In Kuwait, registered trademarks are valid for ten (10) years after the application date and may be renewed indefinitely for additional ten-year periods. Within twelve (12) months of the expiration date and up to the final day of the month in which it expires, the renewal may be sought. Following this, the trademark may still be renewed during a grace period of six (6) months by paying a late renewal charge.
    • The trademark must be written in the Latin alphabet, and only other Latin-written trademarks will be taken into consideration for trademark search reports. Please get in touch with us if you want a trademark search that contains results for trademarks in the local alphabet (Arabic) and is written in the local writing system (Arabic). Additional charges will be made.
    • Contact us personally to find out whether we might be able to offer this in this jurisdiction if you'd like the figurative or design components of your trademark taken into account when evaluating it for registration in Kuwait (Trademark Search Report). Prices for services and anticipated delivery times may change in such circumstances.

    FAQ

    What are the essential documents needed for registration in Kuwait

    1. Submit a trademark registration application.
    2. There are 12 trademark pictures.
    3. A copy of the business license.
    4. A copy of the certificate from the commercial registration.
    5. A copy of the permission.
    6. A duplicate of the signed authorization.

    Can I conduct business without a trademark?
    If you don't register your trademark, your legal rights will only apply to the regions in which you conduct business. This indicates that you might be able to prevent a later user of the mark from using it exclusively in your region, even if that user is a larger corporation.

    Who can register a trademark?
    A mark must be used in commerce and be unique in order to qualify for trademark protection, which has two basic conditions. Because trademark law is constitutionally rooted in the congressional power to regulate interstate commerce, the first requirement—that a mark be used in commerce—arises.

    Is trademarking or registration preferable?
    Although trademark registration is not required, there are numerous benefits to doing so and significant risks to not doing so. Additionally, the expense of trademark registration pales in comparison to the potential losses. Therefore, even though trademark registration is not required, it is still a wise move.

    What names are not allowed as trademarks?

    • Proper names or likenesses used without the owner's permission.
    • Phrases, generic terminologies, or the like.
    • Insignia or symbols of the government.
    • Phrases or words that are vulgar or derogatory.
    • A current or past U.S. president's likeness.
    • Slanderous, dishonest, or immoral phrases or symbols.
    • Short motifs or sounds.

    Can my face be trademarked?
    Can I trademark my face? is a common question. Sadly, the quick response is "no." The term "copyright" solely refers to human-made creative endeavors. The creative work must be the result of purposeful decision-making and deliberate effort.

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