Kuwait
Application Requirements
A trademark application must be accompanied by:
• Four images of the marks
• Legalized and translated power of attorney
• Proof of business practice
• A translation of the mark if it is not in the Arabic language, with an explanation of how it should be pronounced.
The trademark application shall be confined to the registration of a trademark in one class only. However, a single application may be filed in respect of multiple classes, subject to the approval of the Kuwait Trademark Office in accordance with the Nice Classification (the International Classification of Goods and Services for the Purposes of the Registration of Marks published by the World Intellectual Property Organization).
Priority Claims
The new system allows the trademark applicant or its successor to claim priority on the basis of a previous application filed in a state that is a signatory to a multilateral international convention to which a Gulf Cooperation Council (‘GCC’) State is a member. To do so, the applicant must submit, along with its application, a statement showing the date and number of the previous application and the state in which it was filed. The applicant must also deposit a certificate stating the filing date as issued by the state of the previous application, along with a copy of the previous application and its translation into Arabic, within six months of the date of the previous application for which priority is claimed. If the applicant fails to comply with these requirements, its priority claim will not be accepted.
Examination Time
According to the Ministerial Decision, the Kuwait Trademark Office should conduct a formal examination within 90 days of filing by either accepting or rejecting the application in terms of its formality; the applicant then has another 90 days to complete missing information, documents or explanations.
Appeals
An appeal committee formed by the Ministry of Commerce and Industry will hear an appeal against rejected applications within 60 days of notification. It will then examine the appeal and take a decision, which will be delivered to the appellant within 30 days of issue. The appellant can appeal the committee’s decision to the court within 60 days of notification.
Temporary Protection
The Ministerial decision has also established a new system for the temporary protection of trademarks used in exhibitions. Any party that wishes to obtain temporary protection for its trademark in respect of products or services displayed at an exhibition in Kuwait or a GCC state must notify the Kuwait Trademark Office of this desire at least one month before the exhibition’s inauguration. Notification should be filed on a specific form accompanied by four images of the trademark and evidence of payment of the requisite fees. The Kuwait Trademark Office will issue a certificate of temporary protection for the trademark used in exhibitions for a period not exceeding six months from the exhibition’s opening date.
Increased Fees
The Ministerial Decision has increased the official fees for trademark registration services. This increase will affect all trademark applications filed after the effective date of the Ministerial Decision, as well as pending applications.
Registered trademarks in Kuwait have a validity of ten (10) years from the application date and can be renewed indefinitely for further periods of ten (10) years. The renewal can be requested within twelve (12) months before the expiration date and until the last day of the month during which it expires. After this, there is a grace period of six (6) months during which the trademark can still be renewed, upon payment of a late renewal fee.
We as Sohatoos consulting company are more than happy to help and assist applicants requesting to register trademarks.