Kuwait

Legal basis is the New GCC Trademark Law which came into effect in December 21, 2015. Initially, the Kuwaiti legislator regulated the protection of trademarks in Articles 61–95, Trademarks Law and Trade Indications Section One, Trademarks and their Registration Procedures, Article 61 (amended by Law No 1/2001) (OG 498). Article 62 (amended by Law No. 1/2001 (OG 498). As amended by the Law No. 1/2001 for amending some provisions of the Commercial Law issued by the Decree Law No. 68/1980. Kuwait is a member of the Paris Convention since December 2, 2014.

Trademark registration classification:

Nice Classification

 Requirements: 

  • Details of the trademark owner (name, address, registration number).
  • Design of the trademark in JPEG format in case of a graphical trademark (not required for word mark).
  • A Power of Attorney legalized up to the Consulate of Kuwait. 
  • A certified copy of the priority document legalized up to the Kuwaiti consul.
  • A legalized copy of the home registration certificate of the trademark showing clearly the validity term of the registration and the goods and/or services desired to be registered. 

Procedure:

  • The application is filed at the Trademark Office.
  • The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. 
  • Once a trademark application is filed, the trademark is examined as to its registrability.
  • Trademark applications accepted by the Registrar are published in 3 consecutive issues of the Official Gazette of Kuwait (Al-Kuwait Al-Youm). 
  • There is a 30-day period open for filing opposition by any interested party. The statement of opposition to the registration of a trademark should be submitted to the Registrar within the prescribed term of 30 days, as of the date of the last (third) publication of the relevant notice in the Official Gazette.
  • In case if no opposition is filed, a trademark is registered and a certificate of registration is issued.
  • The processing time from first filing to registration is approx. 8 to 10 months.

Duration and Renewal: A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years during the last year of the protection period of the trademark.

 

 Fee Structure
          
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