Global Trademark GO - Kuwait——Introduction to Kuwait Trademark Application

Kuwait trademarks can be combinations of words, names, devices, colours, sounds, logos, certain three-dimensional shapes, collective marks, smells and trade dress (trade dress is the characteristic of the visual appearance) of a product or package (which identifies the product to the consumer) source) or service mark. Kuwait does not accept multiple-class trademark applications for one trademark, and applications for alcoholic goods in Class 32 and pork and other goods in Class 29 are not allowed in Kuwait. Kuwait is currently a member of the Madrid System, but the Trademark Law of the Gulf Cooperation Council (GCC) has been in force and implemented in Kuwait since 2015.

1. Trademark authority

• Kuwait Patent Office, English: Ministry of Commerce and Industry, MOCI
• Website: MOCI

2. How to apply for trademark registration

Electronic application

3. Trademark registration application language

Arabic

4. Documents required for trademark registration application

• Four pictures of the logo
• List of goods and/or services
• Certificate of incorporation or extract or commercial register
• If the trademark is in any language other than Arabic, a translation of the trademark must be provided. An explanation describing how to pronounce it should also be provided
• Power of attorney, which needs to be notarized and certified, can be submitted within 1 month from the date of application.
• The priority document must be notarized and certified, and an Arabic translation of the priority document must be provided, which can be submitted 3 months from the date of application.

5. Kuwait Trademark Registration Application Process

Kuwait trademark registration applications undergo formal examination and adopt substantive examination on absolute grounds and relative grounds. Trademarks must be filed under the relevant goods and services class according to the NICE Trademark Classification. If multiple categories are involved, separate registration is required for each category. Kuwait does not allow protection of trademarks related to alcohol in Class 32 and pork in Class 29. If the trademark registration passes the formal examination, it will be announced in the official gazette three times in a row. Anyone can file an objection request within 60 days of the announcement period. If the examiner discovers defects in the trademark application during the substantive examination, a rejection notice will be issued and the applicant must submit a defense within 60 days. If the examiner still finds deficiencies after the defense, the trademark application will be rejected.

6. Documents required for trademark change/transfer

After the trademark registration process is completed, the trademark can be transferred. The transfer must be registered with MOCI in order for it to be effective against third parties. Record details are certified but not published in the official gazette. A trademark owner may modify the name or address of a registered trademark, but is not permitted to license the registered trademark.

• Proof of name/address information change, must be notarized and certified
• A copy of the trademark registration certificate showing the validity and details of the trademark owner
• Transfer agreement requires notarization and certification

7. Trademark cancellation

If a registered trademark is not used for five consecutive years, any interested party may file a trademark cancellation request. Within 3 years after the trademark registration is revoked, no one else may register the trademark on the same goods. Kuwaiti trademarks do not require regular proof of use.

8. Trademark objections

Within 60 days from the date of announcement of a registered trademark, anyone can file an objection request. The respondent must respond (Counter Statement) within 30 days after receiving the official notice of objection. This period cannot be extended.

9. Authorization, validity period and trademark renewal

The validity period of a Kuwait trademark is 10 years from the date of application. It can be renewed for 10 years after paying the renewal fee. Renewal fees are due within the last year of validity, or within 6 months of expiration, subject to late payment fees. If it is not renewed after the grace period, the trademark will be deemed to have expired and can be re-registered at any time in the name of any interested party.

10. Average time for trademark authorization

When trademark registration goes smoothly, the average time from application submission to registration is 10-14 months.

11. Other matters needing attention

• Kuwait’s trademark application has a “declaration of non-exclusive use system”, which means that certain non-identifying elements of the trademark are declared to waive exclusive rights;
• If you are not satisfied with the objection ruling, you must appeal to the court within 10 days;
• After 5 years from the date of registration of the Kuwait trademark, the trademark acquires non-confrontation and the validity of its registration can no longer be challenged;
• Although trademark licensing is not allowed in Kuwait, the Kuwaiti court will regard the trademark licensing contract as an agency or exclusive distribution contract. Agency contracts can be registered at the Commercial Agents Registry of the Department of Trade and Industry. Kuwait trade law has no special provisions on the content and form of agency contracts.
• Anyone may request Kuwait Customs to seize counterfeit goods and may request inspection of specific imported goods. Customs can also proactively inspect suspected counterfeit goods on its own initiative.