Jul 07, 2023 (Newsletter Issue 6/23)
Official Searches Available
As of January 2023, it became possible to conduct official searches with the Kuwaiti trademark’s office subject to payment of the official fees and obtain the official search report on the availability of the trademark or not along with the complete particulars of any allocated similar or identical trademark.
Source: www.jahcoip.com
Mar 31, 2022 (Newsletter Issue 4/22)
New Requirements for Trade Name Registration
Pursuant to Ministerial Decision No. 4 of 2022 on the registration of trade names in Arabic, it is now possible to register a trade name in both Arabic and Latin characters. The Latin name should be a synonym for the Arabic translation or a direct transliteration of that name.
Source: www.agip.com
Oct 30, 2018 (Newsletter Issue 18/18)Online Trademark Renewal Filing NowKuwait has upgraded its system and switched from manual filing of renewal applications to online filing.
However, the data in the online portal is incomplete and some of the old marks are not available. Agents need to coordinate with the Kuwaiti Trademark Office to complete the trademark details in the portal when filing the renewal request online.
Source: JAH & Co. IP, Qatar Apr 11, 2018 (Newsletter Issue 7/18)Documentation Requirements for E-Filing SystemAs of April 1, 2018, the Kuwait Trademark Office has upgraded its system and undertaken the necessary procedures towards switching filing trademarks to a completely online system.
The documentary requirements will now be fulfilled online by uploading the same and originals of which should be submitted for verification within three months though the Kuwaiti Trademark Registrar is not strict in applying this deadline.
Under this new system, the goods/services should be selected from the Nice Classification (11th edition), noting that there are no additional costs for the selection of a large number of goods or services to be included in the trademark application. Class headings are no longer applicable.
The following copies of the application document should be available at the time of filing:
- A PDF copy of power of attorney legalised up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in home country of applicant company; the original of which should be submitted within three months.
- A simple PDF copy of the certificate of incorporation or an extract of the applicant entry in the commercial register or any equivalent document attesting to the legal existence of the applicant company (neither legalisation nor original is required).
- A certified copy of the corresponding home or foreign registration/application (priority document) legalised up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in home country of applicant company in case of claiming priority; the original of which should be submitted within three months.
Source: JAH & Co. IP, Qatar Dec 20, 2017 (Newsletter Issue 22/17)E-Filing IntroducedThe Kuwait Trademark Office announced that it has undertaken the necessary procedures towards switching filing trademarks to a completely online system. By this, Kuwait becomes the latest GCC country to adopt the online filing system.
The required documents need to be uploaded online and the originals should be submitted to the Office within a period of three months (non-extendable) from the filing date. Failure to comply therewith will result in the lapse of the filed trademark application. However, trademark applications can still be filed electronically without the necessary documents at the time of filing.
The earlier practice of filing trademarks using paper files has been discontinued. Thus, simple copies of colored copies of the legalized POA and priority document in case of priority claim shall fulfill the documentary formalities of filing of trademarks.
Source: JAH & Co. IP, Qatar Nov 22, 2017 (Newsletter Issue 20/17)Separate Certificates for Renewal and RecordalThe Trademark Office in Kuwait has implemented new procedures whereby they start issuing separate certificates for renewal and recordal actions which include changes of name or address, assignments and mergers while the original registration certificates is no longer required for endorsing these actions thereon. As per the old practice, renewal or recordal actions were endorsed on the back of the original registration certificates without the issuance a fresh certificate reflecting the action.
Source: JAH & Co. IP, Qatar Oct 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
May 02, 2016 (Newsletter Issue 8/16)Original Registration Certificate for Renewal Now RequiredAn 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 Feb 02, 2016 (Newsletter Issue 2/16)Amendments to Refusal and OppositionA 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 Jan 20, 2016 (Newsletter Issue 1/16)Official Fees IncreasedThe 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 Nov 25, 2015 (Newsletter Issue 18/15)Official Fees Soon IncreasedThe 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 Jan 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
Oct 14, 2014 (Newsletter Issue 15/14)Accession to the Paris ConventionKuwait 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
Jun 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
Mar 04, 2014 (Newsletter Issue 4/14)Relocation of TM and Patents DepartmentKuwaiti 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 May 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
Jun 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 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", published in the Official Gazette on March 22, 2015. It came into effect from the date of its publication (the “Trademark Law”).
Ministerial Resolution No. 500 for the year 2015 accepting the executive by law of the Law No. 13 of 2015 approving the "Law (System) Of Commercial Trademarks Of The States Of Co-operation Council (GCC) For The Arab Gulf Countries" was published in the Official Gazette on December 27, 2015, and entered into effect on the date of its publication.
Law No. 36 for the year 2014 ratifying the joining of the State of Kuwait to the Paris Convention for the Protection of Industrial Property was published in the Official Gazette on May 11, 2014.
Kuwait is a member of the Paris Convention since December 2, 2014.
Trademark protection is obtained by registration. However, the Trademark Law recognizes prior use to determine the ownership of the trademark.
Nice classification, 11th edition. Single-class System.
The Trademark Law does not include any prohibition of any registration/protection of alcoholic drinks or pork meat. However, the public order prevents the dealing with these products and thus, registration for products of alcoholic drinks in classes 32 and 33 and pork meat in class 29 is not acceptable. 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: Trademarks, service marks, collective marks and quality (certification) marks.
A trademark application is filed online at the Trademark Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
The following documents need to be submitted when filing online:
- A copy of power of attorney legalised up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available a in-home country of applicant company. The original of which should be submitted within three months, though this deadline is not strictly applied. The original legalised PoA can be submitted any time before issuance of final registration certificate.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior Trademarks (on formal, absolute and relative grounds). 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. 4 months. The first office action is taken after approx. 2 to 3 weeks.
Before registration, the trademark application is published in the Official Gazette (Ministry of Commerce & Industry Official Website).
National:
The opposition period is non-extendable 60 days from the publication date. Counterstatement to opposition should be filed by applicant within non-extendable 60 days of notification of opposition by TM Registrar.
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.
Practical details on grace periods for trademark renewals are available in our publication
herePractical details on trademark use requirements are available in our publication
hereUnder 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 trademark licensing are available in our publication
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More in-depth details are available for the following aspects:
General Trademark Regulations
Trademark Use Requirements
Grace Period for Trademark Renewal
Trademark Licensing
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Jul 26, 2024
JAH Intellectual Property, Doha, Qatar
