The current trademark regulations in Kuwait are mainly based on the revised Government Decree No. 8 of 1995. The Kuwait Trademark Office is responsible for managing trademark affairs and the official language is Arabic. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Kuwait trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use". Since December 27, 2015, the current trademark regulations in Kuwait are based on the "GCC" Trademark Law.
Kuwait is a signatory to international intellectual property treaties such as the TRIPS Agreement, WIPO Convention, and Paris Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
At present, the Kuwait Trademark Office adopts the Nice classification for describing goods and services. Alcoholic products in Class 33 and Class 32, as well as pork products in Class 29, cannot be registered and do not accept applications for multiple categories. The elements that can be registered as trademarks in Kuwait include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, taste, etc.
If the applicant does not reside in Kuwait, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney for notarization and authentication;
5. Business license (scanned copy);
6.If priority is declared, priority proof documents and corresponding Arabic translations must be provided.
The main process for applying for registration of a Kuwaiti trademark is: application, examination, announcement, approval, and issuance of a certificate. After about one week of application submission, the application will be accepted. The Kuwait Trademark Office will conduct formal and substantive examinations. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Once the review is approved, it will be arranged for public sale. The objection period is 60 days from the announcement date (non extendable), and any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Common name;
9. Violating public order and good customs.
If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. If everything goes smoothly, trademark registration in Kuwait will take about one year. If there are any objections or rejections encountered during the process, the time will be extended.
The Kuwait trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of six months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.