info@promarkip.com

Al Qusais, Dubai, UAE

Kuwait

Country Data

Official Name:

   State of Kuwait

Capital:

   Kuwait City

Area:

   17,818 sq km

Population:

   4,420,110 (2019 estimates)

Official Language:

   Arabic

GDP:

   US$303 billion (PPP, 2020 estimate)

Currency:

   Kuwaiti Dinar

Work Days:

   Sunday – Thursday

Conventions/ Treaties

  • World Trade Organization/ TRIPS (effective since January 1, 1995)
  • WIPO Convention (effective since June 14, 1998)
  • Berne Convention (effective since December 2, 2014)
  • Paris Convention (effective since December 2, 2014)
  • Patent Cooperation Treaty (effective since September 9, 2016)
Trademark

National Legislation

  • Trademarks Law of the Gulf Cooperation Council States (Gulf Cooperation Council)

Basic Information

Creation of rights:

First-to-file jurisdiction (subject to occasional exceptions)

Basis for filing:

Intent to use acceptable – prior use is not a prerequisite.

Well-known marks:

Special protection may be available. Nevertheless, local registration of the mark is highly recommended.

Types of marks:

Trademarks, Service marks, Certification marks, Collective marks.

Priority:

6-month priority claim under the Paris Convention.

Madrid System:

Kuwait is not a member of the Madrid Union.

Filing system:

Single class (multiple class filing is not available)

Classification:

Nice Classification 10th edition.
Limitation: Registration of marks in respect of “pork meat” in class 29, “alcoholic items” in class 32 and the entire class 33 is not allowed being considered contrary to public policy.

Who can be Applicant:

(1) Corporate/ business entities and (2) individuals/ natural persons.

Examination:

On formal, absolute and relative grounds.

Publication:

Al-Kuwait Al-Youm (Official Gazette)

Opposition period:

60 days from the date of publication.

Duration of registration:

10 years from the filing date – renewable for further periods of 10 years each upon request of the trademark owner within one year preceding the expiry date.

Renewal grace period:

6 months, subjected to late renewal penalty fee.

Use requirement:

A trademark registration becomes vulnerable to cancellation upon the request of an interested party in case of non-use of the mark for a period of 5 consecutive years.

Registration timeframe:

10 to 12 months (approximately)

Search

Official Search:

Available for i) word marks; and ii) device marks.

Scope of search:

Includes all applied-for and registered marks, whether national marks or international marks.

Turnaround time:

5 working days.

Ways to Obtain Protection

  • Filing of national application with or without priority claim under the Paris Convention.

Documentary Requirements

New Applications

  1. Power of Attorney from the applicant, duly legalized up to the Kuwaiti Consulate.
  2. A certified copy of Certificate of Incorporation, if the applicant is a corporate entity.
  3. Certified copy of priority document, if priority is claimed.

Renewal of Registration

  1. Power of attorney from the trademark owner, duly notarized and legalized up to the Kuwaiti Consulate.
  2. A simple copy of certificate of registration of the mark.

Change of Name / Address Recordation

  1. Power of attorney stating the new name/ address of the trademark owner, duly notarized and legalized up to the Kuwaiti Consulate.
  2. Change of Name / Address document, duly legalized up to the Kuwaiti Consulate.
  3. Original certificate of registration of the mark.

Assignment Recordation

  1. Power of attorney from the Assignee, duly notarized and legalized up to the Kuwaiti Consulate.
  2. Deed of Assignment, duly signed by both the assignor and the assignee, notarized and legalized up to the Kuwaiti Consulate.
  3. original certificate of registration of the mark.

Merger Recordation

  1. Power of attorney from the surviving entity, duly notarized and legalized up to the Kuwaiti Consulate.
  2. Merger document, duly legalized up to the Kuwaiti consulate.
  3. Original certificate of registration of the mark.

License Recordation

  1. Powers of attorney from the Licensor and the Licensee, duly notarized and legalized up to the Kuwaiti Consulate.
  2. License agreement, duly signed by both the parties and notarized and legalized up to the Kuwaiti Consulate.
  3. Certified copy of Certificate of Incorporation of the licensee.