Trademark Registration Kuwait

Our Attorneys will file your Trademark Application in Kuwait and will carry out all needed tasks before the Trademark Office in order to obtain registration approval.

Our prices include the official fees.

The trademark law does not provide protection for trademarks covering alcoholic drinks in classes 32 and 33 and pork meat in class 29. Class No. 33 has been completely dropped and the international class 34 has been reinstated for tobacco products.

Trademark protection is obtained by registration.

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, combinations or shades of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, and any combination of the mentioned signs.

The following trademark types are registrable: trade marks, service marks.

Registration

The application is filed at the Trademark Office. A separate application has to be filed for each class. Foreign applicants do not need a local agent.
Foreign applicants need a domestic registration. The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use. The processing time from first filing to registration is approx. 8 to 10 months. The first office action is taken after approx. 2 to 3 months. Before registration, the trademark application is published in the Patent Office Gazette (Al-Kuwait Al-Youm) three times.

Power of Attorney

A power of attorney notarized and legalized up the Kuwait consulate is necessary.

Opposition

The opposition period is 30 days from the date of the third publication of the application. An opposition statement requires a counter statement by the applicant to be filed within 30 days in order to maintain the trademark application in force. All opposed trademark applications remain pending with the Registrar until he takes a decision or a court decision is issued in favor of either party or an amicable settlement is reached by the parties concerned.

Protection period

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.
The trademark law provides a 6-month grace period for late renewal of a trademark registration subject to the payment of a lateness fine. A lapsed trademark may be re-registered in the name of a third party at any time.

Use requirements

If the trademark has not been used within 5 years from the registration, it may be subject to cancellation.