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Kuwait (KW)

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10-26-2016 (Newsletter Issue 19/16)
10th Edition of Nice Classification Soon Expected
The tenth edition of the Nice Classification is expected to enter into force on January 1, 2017, in Kuwait. The adoption of the 10th edition will not affect trademarks already filed and registered in Kuwait. Upon next renewal, goods and classes affected by this change in formalities should be reclassified accordingly by the Trademark Office.

It is important to note that regardless of which edition of the Nice Classification is being used, the trademark offices across the Gulf Cooperation Council, which Kuwait is a member of, will depart from the Nice Classification when dealing with items that contradict Sharia law. For example, trademarks covering alcoholic goods and related retail or wholesale services are prohibited.

Source: Saba & Co. IP – Head Office, Lebanon


05-02-2016 (Newsletter Issue 8/16)
Original Registration Certificate for Renewal Now Required
An official notification has been issued by the trademark authorities of Kuwait stipulating that all new renewal applications to be filed in this jurisdiction will require the original registration certificate for endorsement purpose at the time of filing. As per the old practice, a renewal application could be filed and the original documents could be submitted at a later date.

If the original registration certificate is not available anymore a certified copy of the registration certificate can be used for the renewal purpose instead.

Source: JAH & Co. IP, Qatar


02-02-2016 (Newsletter Issue 2/16)
Amendments to Refusal and Opposition
A detailed update on the adoption of the new provisions regarding the Ministerial Decree No. 500 on the Implementing Regulations of Law No. 13 of the year 2015 (GCC LAW) is now available.

Kindly note the following amendments:
- Replies to office actions must be filed within 60 days from the date of issue of the refusal;
- Final refusals by the Registrar can be appealed through Appellant Committee within 60 days of notification. Said decision is subject for appeal before the Court within 60 days from issuance;
- The opposition period is now 60 days from the publication date. Previously, while accepted trademarks were published in 3 Gazettes with a 7 day period between each publication, the opposition period was 30 days from the date of the last publication;
- Replying to oppositions must be made within 60 days from the date of notifying the applicant about the opposition.

The decision has become effective from December 28, 2015.

Source: JAH & Co. IP, Qatar


01-20-2016 (Newsletter Issue 1/16)
Official Fees Increased
The Kuwaiti Ministry of trade and industry has published the Ministrial Decision No.500 of 2015 in the Official Gazette of Kuwait (Al-Kuwait Al-Youm) issue No.1268 dated December 27, 2015 approving the GCC Trade Mark Law and its Implementing Regulations which has come into effect as of December 28, 2015.

The new official fees will be imposed as of January 1, 2016. The new official fees will cover all trademarks matters filed subsequent to the date January 1, 2016 as well as retroactively for pending trademark applications as regards to their publication and registration fees. A copy of the new official charges as published in the official Gazette can be seen here

The official fee for filing a trademark is now USD 264 for one class. The new fee for publication and registration is USD 1,586.

Source: JAH & Co. IP, Qatar


11-25-2015 (Newsletter Issue 18/15)
Official Fees Soon Increased
The Ministry of Commerce and Industry, Patents and Trademarks in Kuwait has verbally announced that the official fees for trademarks registration will be increased dramatically. The said decision is likely to be effective as from December 21, 2015.

The Trademarks Registrar will apply the new fees for all trademark/patent/design matters filed subsequent to said date as well as retroactively for pending trademark applications as regards their publication and registration.

The current fees of filing and registration (including publication) of a trademark is USD 24 and USD 58 respectively; the new fees is expected to be USD 264 for filing and USD 1,586 for publication and registration.

Source: JAH & Co. IP, Qatar


01-28-2015 (Newsletter Issue 2/15)
Claiming Priority Possible Now
The Kuwaiti Trademark Office announced that priority claims would be available for trademark applications in Kuwait as from January 1, 2015.

The trademark applicants will be able to claim priority (within the six-month priority period) from corresponding applications filed in any of the other member states of the Paris Convention.

As for priority documentation, the Kuwait Trademarks Office will submit a certified copy of the priority application legalized up to Kuwaiti Consulate along with Arabic sworn translation certified by the Translation Department at the Ministry of Justice in Kuwait. Such document can be filed within three months of the date of filing the application.

Source: www.agip.com


10-14-2014 (Newsletter Issue 15/14)
Accession to the Paris Convention
Kuwait has acceded to the Paris Convention for the Protection of Intellectual Property on 2 September 2014 becoming the 176th country of the said Convention which will enter into force on 2 December 2014. As of this date applicant of trademarks can claim priority for trademarks under Paris Convention.

As for trademarks, the Kuwaiti Trademark Office has still not clearly defined the requirements for submission of the priority document. A certified copy will be the standard procedure but the time frame for filing the document has not been defined yet. Now and according to the present practice of the trademarks office it is not necessary to submit all relevant documents at the time of filing. The documents can be filed later at no time limit.

Source: JAH & Co. IP, Qatar


06-24-2014 (Newsletter Issue 10/14)
Registration Certificates of Designs Now Available
The Kuwaiti Patent Office has announced that it is now possible for applicants of design applications in the country to ask for the registration certificate of their designs.

The Kuwaiti Patent Office has started publishing design applications in the country’s Official Gazette for over a year now. Applications are examined as to form, local novelty, and industrial applicability. Examination is generally a systematic process whereby the Patent Office is expected to notify the applicant of any objections. The applicant is then required to respond with arguments and/or amendments to overcome the objections. Amendments and arguments may then be accepted or rejected, triggering further response, until a design is issued or the application is rejected and/or abandoned. Even though design applications accepted by the Patent Office are published in the Official Gazette, oppositions can only be filed before the Court. After publication, the certificate of registration will be issued upon request.

Source: Saba & Co. IP – Head Office, Lebanon


03-04-2014 (Newsletter Issue 4/14)
Relocation of TM and Patents Department
Kuwaiti Trademarks and Patents Department announced that it will be relocating to new premises (KIBCO) Complex. Consequently, the Department will no longer receive any transactions as from 1 March 2014 until further notice, including the trademarks filing applications.

Source: JAH & Co. IP, Qatar


05-02-2013 (Newsletter Issue 6/13)
Publication of Design Applications
The Kuwaiti Patent Office is now publishing industrial designs in the Official Gazette for the first time in the country.
Applications are examined in the country as to form, local novelty, and industrial applicability. Examination is generally a systematic process whereby the Patent Office is expected to notify the applicant of any objections. The applicant is then required to respond with arguments and/or amendments to overcome the objections. Amendments and arguments may then be accepted or rejected, triggering further response, until a design is issued or the application is rejected and/or abandoned. Even though design applications accepted by the Patent Office are published in the Official Gazette, oppositions can only be filed before the Court.

Source: Saba & Co. IP – Head Office, Lebanon


06-01-2011 (Newsletter Issue 8/11)
Deadline to Complete Trademark Applications
The Trademark Office in Kuwait has issued an official notification regarding all pending trademark applications on or before December 31st, 2010 that have already been examined. According to this notification, all requirements related to pending applications must be completed before July 3rd, 2011.

These requirements include settlement of publication fees as well as submission of missing documents (power of attorney and certificate of home or foreign registration/application, both legalized up to the Kuwaiti Consulate). Failure to complete the requirements by this deadline will result in the applications being abandoned.

In case this deadline can not be met for any reason, a letter of undertaking may be filed by the applicant at the Trademark Office agreeing to submit the remaining documents within 90 days from payment of publication fees.

This decision does not apply to pending applications that have not been examined yet and on applications filed after December 31st, 2010

Source: SABA & Co.


Legal basis is the New GCC Trademark Law which came into effect in December 21, 2015. Initially, the Kuwaiti legislator regulated the protection of trademarks and their Registration Procedures, under the law No. 13 for the year 2015 by approving the Law (System) Of Commercial Trademarks Of The States Of Co-operation Council (GCC) For The Arab Gulf Countries.
Kuwait is a member of the Paris Convention since December 2, 2014.
Trademark protection is obtained by registration.
Nice classification, 9th edition (10th edition expected to be in force on January 1, 2017).
The trademark law does not provide protection for 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.
GCC Trademark Law, Art. 2:
Shall be considered a trademark anything having a distinctive form such as names, words, signatures, letters, figures, drawings, logos, titles, hallmarks, seals, pictures, engravings, packs or any other mark or group of marks if used or intended to be used either to distinguish goods, products or services of a facility or other facilities or to indicate the rendering of a service or the control of inspection of goods or services.
The voice or odor shall be considered as part of the trademark.

Registrable as a trademark are all distinctive and graphically representable signs, such as words, names, acronyms, letters, numbers, devices, emblems, combinations of colours, three-dimensional forms, the three-dimensional form of a good or its packaging, and any combination of the mentioned signs as well as sound and smell.
The following trademark types are registrable: trade marks, service marks, collective marks and quality marks.
The application is filed at the Trademark Office.
A separate application has to be filed for each class.
Foreign applicants do not need a local agent.
A power of attorney authenticated by a Kuwait consulate is necessary, which needs local legalization by the Kuwaiti Ministry of Foreign affairs.
Foreign applicants need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The processing time from first filing to registration is approx. 8 to 10 months. The first office action is taken after approx. 2 to 3 months.
Before registration, the trademark application is published in the Official Gazette (Al-Kuwait Al-Youm).
National:
The opposition period is 60 days from the publication date.
A trademark registration is valid for 10 years from date of application. The registration is renewable for periods of 10 years during the last year of the protection period of the trademark.
The Trademark Law provides a grace period of 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 consecutive years from the registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
Under Ministerial Decision No. 500 of 2015, the official fee for filing a trademark application is KWD 45 in one class and KWD 45 in each additional class. The official publication fee is KWD 25 and registration fee is KWD 240.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
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Word Mark Search (availability) 230,00 € 160,00 € 
Word Mark Search (identical) 210,00 € 140,00 € 

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
10-10-2016
Al Tamimi & Company, Manama, Bahrain

02-11-2016
JAH & CO. IP, Doha, Qatar  

11-13-2014
JAH & CO. IP, Doha, Qatar  

08-11-2013
JAH & CO. IP, Doha, Qatar  

01-10-2012
JAH & CO. IP, Doha, Qatar  



Ministry of Commerce and Industry, Patent & Trade Marks Department
P.O. Box 2944 – Safat
Kuwait 13030
Kuwait
Tel +965 24 39 98 8
Fax +965 24 00 54 3