Summary
The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Kuwait. The trademark law does not provide for the protection of 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. A separate application should be filed with respect to each class of goods and services.
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 8-10 months from first filing to registration. Before registration, the trademark is published in the Official Gazette (Al-Kuwait Al-Youm) three times. The opposition period is 1 month from publication of the trademark application.
A trademark registration is valid for 10 years as of the date of filing the application, renewable for similar periods of 10 years each upon submitting an application for renewal during the last year of the protection period of the trademark.
The assignment of a trademark can be recorded once the trademark is registered. In fact, unless an assignment has been entered against the trademark in the register, the assignment shall not be effective.
Duly note, if the trademark has not been used within 3 years from registration or has not been used later for a continuous period of 3 years, it may be subject to cancellation.
Requirements:
Filing applications
A Power of Attorney legalized up to the Consulate of Kuwait.
Renewal of Trademark/Service Mark Registrations
1. A Power of Attorney notarized and legalized up to the Kuwaiti Consulate.
2. The original Kuwaiti registration certificate of the trademark for endorsement purposes.
Assignment Applications
1. A Power of Attorney executed by the assignee legalized up to the Kuwaiti Consulate.
2. A deed of assignment proving the assignment signed by both parties and legalized up to the Kuwaiti Consulate.
3. The original Kuwaiti certificate of registration of the trademark for endorsement purposes.
Change of Name/Address Applications
1. A Power of Attorney executed in the new name and/or address legalized up to the Kuwaiti Consulate.
2. An official certificate proving the change of name and/or address legalized up to the Kuwaiti consulate.
3. The original Kuwaiti certificate of registration of the trademark for endorsement purposes.
Merger Applications
1. A Power of Attorney duly legalized up to the Kuwaiti Consulate.
2. A merger document legalized up to the Kuwaiti Consulate.
