A trademark is anything which takes a distinctive form when used in distinguishing goods or products. In Kuwait, trademark registration is essential for enterprises to establish their rights over brands, logo designs, and more.
The law providing for trademark registration is Decree-Law Number 68 of 1980 (Trademarks), as amended by Decree-Law Number 10 of 1987 and Law Number 1 of 2001. The law also provides for temporary registration of trademarks for applicants interested in displaying their products at domestic exhibitions.
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 trademark application can only be submitted for the registration of a trademark in one class. However, a single application may be submitted for a number of classes, provided that Kuwait Trademark Office permission is obtained in accordance with the Nice Classification. Kuwait does not recognise alcohol-related trademarks under Class 32 or pork meat trademarks under Class 29. Kuwait has abandoned Class 33 entirely, while Class 34 has been assigned for tobacco items. The system now permits the trademark applicant or its successor to claim priority based on a prior application filed in a state that is a signatory to a multilateral international treaty.
After the trademark application is filed, the trademark office examines whether the mark is valid for registration. If the Registrar accepts the application, 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.
After accepting the trademark application, any interested party can oppose the filing within a 60-day period. The statement of opposition should be submitted to the Registrar within 60 days from the date of the third publication of the notice in the Official Gazette.
Legacy Partners has a team of highly experienced trademark agents who are well-versed in Kuwait Trademark Law. Foreigners can register their trademarks in Kuwait only through qualified trademark agents.
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