FAQ

T1: How long will it take to conduct a trademark search?
- 7 Working days.

T2: Does your country use the international classification?
- Kuwait follows the 8th Edition of the International Classification (Nice Classification).

T3: Are there any goods or services for which the mark can not be registered?
- Beer, ale and porter in class 32, alcoholic goods in class 33 and pork meat in class 29 are not registrable.

T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
- Gives protection to all goods in the class, but only the goods covered by the basic registration shall be specified in the Kuwaiti registration.

T5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?
- Can be registered in joint names, but require a certified and legalized copy of a basic registration in the name of joint names.

T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
- The only required document for filing a trademark application in Kuwait is a power of attorney legalized up to the Kuwaiti Consul. The power can be filed later without any additional charges. There is no specfic deadline for filing the power of attorney at the trademark Office. However, without submitting the legalized power of attorney we may not be able to get the registration certificate.

T7: Can one application cover more than one class of goods/services?
- One application cannot cover more than one class of goods/services. A separate application is needed for each class.

T8: May priority be claimed under the Paris Convention?
- Priority claim is not applicable as Kuwait is not a member of Paris Convention.

T9: What is the term of protection of a trademark? From what date is it calculated?
- Protection period is 10 years. Calculated from the filing date.

T10: Is marking compulsory and, if so, how should marking be made?
- There is no specific requirement regarding marking in the Kuwaiti trademark law. When a registered mark is in use, it is advisable to mark encircled R to indicate that it is registered.

T11: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
- A certified and legalized copy of the amended home or foreign registration. An amendment application is to be filed to correct the details.

T12: Is use required before registration or for maintaining the registration in force?
- Use is not required before registration, but should be used 5 consecutive years after filing the application to avoid cancellation on nonuse. Use requirement is not needed for renewal.

T13: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
- Use of one item is sufficient to protect all goods in the same class.

T14: What are the types of use required?
- Use should be by means of sale of the products in the territory.

T15: Can the assignment of an application be recorded?
- Assignment or any recordal is not possible for any pending application. Need to wait until it registered.

T16: Is recording a license agreement compulsory? What are the consequences of non-recordal?
- Recordation of license or registered user is not permissible in the Kuwaiti Trademarks Registry.

T17: Can recordals such as change of name, address, merger, assignment, license, etc. be made against pending applications?
- No recordals are made against pending applications.

T18: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
- The trademark respective owner shall have the right to assign his trademark with or without the goodwill. A nominal amount is sufficient (Eg. US $1).

T19: Can the trademark application be opposed and what is the opposition period?
- Trademark application can be opposed within 30 days from the date of 3rd publication.

Address:

Sharq – Ahmad Al Jaber Street – Dar Al Awadi Complex – 19th Floor – Kuwait

P.O. Box: 4729, Safat 13048, State of Kuwait
Telephone: (00965) 22433004
Fax: (00965) 22440111
Email: kuwait@agip.com
Contact: Hazem Abu-Ghazaleh (Mr)

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