In Kuwait, trademark registration is mandatory for the businesses to establish their rights over brands, logo designs etc. The brand owners who intend to conduct trademark registration in Kuwait should have in-depth knowledge about the registrability of the trademarks. As per the Kuwait Trademark Law, a trademark can be words, names, devices, a combination of colours, sounds, slogans, some three-dimensional shapes, collective trademarks, smells/olfactory marks, trade dress or get-up and service trademarks. Consult with the best trademark agents to effectively register trademarks in Kuwait.
Documents Required for Trademark Registration in Kuwait
The Trademark Office will accept an application for trademark registration if it is submitted along with the following documents:
- Four images of the marks
- Legalized and translated the power of attorney
- Proof of business practice
- A translation of the trademark should be provided if it is in any foreign language other than the Arabic language. An explanation also should be submitted describing how it should be pronounced.
The Process of Trademark Registration in Kuwait
For registering the trademarks in Kuwait, the foreigners need to hire reputed trademark agents or attorneys. The trademark has to be filed at the Trademark Office and the major requirement is a Power of Attorney authenticated by the Kuwait Consulate. The following are the steps for completing a successful trademark registration in Kuwait.
1. Trademark Search
Conducting a proper and comprehensive search about the trademarks is advisable before filing the application for trademark registration in Kuwait. The trademark search can be conducted with the assistance of the best trademark agents in Kuwait. The agents will investigate the internal database of the trademark office for finding the likelihood of any registered trademarks that are in conflict with the potential trademark that is about to be registered. The trademark agents in Kuwait also conduct unofficial trademark search through the internet to find out conflicting trademarks. A proper trademark search helps avoid the likelihood of trademark opposition.
2. Trademark Registration
In the next step, the trademark agents in Kuwait will file a trademark registration application at the Trademark Office on behalf of the potential brand owner. The trademark needs to be filed under the relevant classes of goods and services as per the NICE Classification of trademarks. If multiple classes are relevant, then the separate filing is necessary for each class. Kuwait doesn’t allow protection for alcohol-related trademarks under the Class 32 and Pork Meat in Class 29. Kuwait has completely dropped Class 33 and Class 34 has been designated for tobacco products.
3. Trademark Examination
After the trademark application is filed, the trademark office examines whether the mark is valid for registration or not. If the Registrar accepts the trademark application, then it will be published three times in the Official Gazette called Al-Kuwait Al-Youm. If the trademark is found to violate the regulations, the applicant is required to file an appeal in the court within 60 days of the official notification.
4. Trademark Opposition Period
After accepting the trademark application, any interested party can oppose the filing within a 60-day period, which is called the trademark opposition period in Kuwait. Those who want to oppose the trademark application citing a likelihood of confusion or any other reason can submit a statement of opposition to the Registrar within the opposition period. The statement should be submitted in 60 days from the date of the third publication of the notice in the Official Gazette.
5. Issuance of Trademark Certificate
The Registrar will examine all the opposition claim statements submitted to the Trademark Office. All the trademark applications will remain pending in the office and a Trademark Certificate will be issued until the Registrar makes a decision or a verdict from the court in favour of either party is received. The certificate will also be issued if both parties reach an amicable settlement or no opposition is filed by any party.
Kuwait allows the recordal of trademark assignment once the trademark registration process is complete. It should be noted that the assignment has to be recorded in the Register against the trademark for it to be effective in regard to the third parties. The particulars of the recordal are endorsed on the certificate and won’t be published in the Gazette. The brand owners can record changes in the name or address or amendment of trademarks. However, Kuwait doesn’t allow the recordal of trademark licenses or registered users.
Trademark Renewal in Kuwait
The protection for trademark registration in Kuwait is for a period of 10 years from the date of filing the application. The trademark can be renewed for another 10 years by filing an application for renewal during the last year in which the protection ends. In Kuwait, there is a grace period of 6 months for the late renewal of trademark registration provided the applicant to pay a late fee. If the trademark is not renewed even after the grace period, it will be considered as lapsed and will be re-registered in the name of any interested party at any time.
Trademark Agents in Kuwait | Jitendra Intellectual Property
The business owners and individuals can establish and protect their intellectual property rights in a booming business destination such as Kuwait by registering the trademarks. The brand owners need to follow the rules and regulations and should know what can be trademarked and what cannot be trademarked in Kuwait. This is where they need the professional assistance of a full-service Intellectual Property service company like Jitendra Intellectual Property (JIP).
JIP has years of experience in helping the brand owners register their trademarks in GCC countries including the UAE, Saudi Arabia, Oman, Kuwait etc. JIP has a team of highly experienced trademark agents who are well-versed in Kuwait Trademark Law. JIP’s trademark agents provide valuable advice in filing the marks under the right classes thereby eliminating the chances of rejection. Moreover, foreigners can register their trademarks in Kuwait only through qualified trademark agents. JIP offers services including trademark search, trademark registration, trademark renewal etc.