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Kuwait – Trademarks

 

From Filing to Registration: 10-12 Months

Convention Priority: Yes

Classification of Goods/Service: International

Multiple Class Applications: N/A

Procedure: Once the application is filed, it is queued to be examined as to trademark registrability. Accepted applications by the Registrar are published in three consecutive issues of the Official Gazette. There is 30 days period as of the last publication for filing an opposition by any interested party. In the absence of an opposition, the published trademark is registered, and the certificate of registration is issued.

Registration Validity: 10 years, renewable for other consecutive periods, each of which is 10 years.

Renewal Time: Application for Renewal should be submitted during the last year of the protection period. There is 6 months grace-period for late renewal upon paying lateness fees.

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used for five consecutive years.

Requirements:

Trademark/Service Mark Applications

1. Power of attorney duly notarized and legalized up to the Consulate of Kuwait.
2. Certified copy of the priority documents (if priority is claimed)
3. Fifteen prints of the trademark for each class of goods.

Renewal of Trademark/Service Mark Registrations

1. Power of attorney duly notarized and legalized up to the Consulate of Kuwait.
2. The original Certificate of Registration for endorsement.

Assignment Applications

1. Power of Attorney by the assignee duly notarized and legalized up to the Consulate of Kuwait.
2. Deed of Assignment, signed by both parties, notarized and legalized up to the Consulate of Kuwait.
3. The original Certificate of Registration for endorsement.

Change of Name/Address Applications

1. Power of Attorney in the new name/address duly notarized and legalized up to the Consulate of Kuwait.
2. Certificate of change of name /address, duly legalized up to the Consulate of Kuwait.
3. The original Certificate of Registration for endorsement.

 

Kuwait – Patents

 

Patent Protection Period: 20 years

Annuity Payments: N/A

From Filing to Grant: No patents have yet been granted in Kuwait. All applications filed are still pending.

Convention Priority: Applicable

Novelty: Required

Filing Language: Specifications, claims, abstract, drawings and related documents should be translated into Arabic if they are in English and into English and Arabic if they are in a third language.

Procedure: The Patent Office is only accepting applications and no further action is taken.

Currently, once an application is filed for the grant of a patent registration, the Kuwaiti Patent Registrar takes no further action. The Kuwaiti Patent Office has not yet started the process of examining, publishing and granting of patents. All patents filed with the Kuwaiti Patent Office are practically in the application stage, but are officially protected for 20 years as of the date of filing.

Until the Kuwaiti Patent Office changes the present practice, all filed patent applications shall remain as documentary evidence of ownership and priority claim even in the absence of examination and issuance of certificates by the Patent Office.

PCT: Kuwait is not a contracting member of PCT

Filing Requirements for Patent Application:

1- Power of Attorney, duly notarized and legalized up to the Consulate of Kuwait.
2- Extract of the entry of the applicant in the commercial register or an official copy of the memorandum or articles of association, if the applicant is a company or a body corporate, duly legalized up to the Consulate of Kuwait.
3- The name, address, nationality and occupation of the applicant(s) and inventor(s).
4- Two copies of the abstract, specifications of the invention.
5- Two sets of the formal drawings bearing Arabic reference numerals and prepared on Bristol boards.
6- Deed of Assignment from the inventor to the applicant, duly notarized and legalized up to the Consulate of Kuwait.
7- Certified copies of priority documents, if priority is to be claimed.

Assignment Applications

1- Power of Attorney by the Assignee, duly legalized up to the Consulate of Kuwait
2- Deed of Assignment, signed by both parties, notarized and legalized up to the Consulate Kuwait

Change of Name/Address Applications:

1- Power of Attorney in the new name/address, duly legalized up to the Consulate of Kuwait
2- Certificate proving the change of name/address, duly legalized up to the Consulate of Kuwait

 

 

 

Kuwait – Designs

 

Design Protection Period: 10 years from filing date renewable for one term of 5 years.

Convention Priority: Yes

Novelty: Absolute

Filing Language: All related documents should be translated into Arabic if they are in English and into English and Arabic if they are in a third language.

Procedure: Currently, once an application is filed for the grant of an industrial model registration, the Kuwaiti Patent Registrar takes no further action. The Kuwaiti Patent Office has started the process of examining, publishing and granting of designs. All designs filed with the Kuwaiti Patent Office are practically in the application stage, although the relevant designs are currently protected for 10 years as of the date of filing. Until the Kuwaiti Patent Office changes the present practice, all filed design applications shall remain as documentary evidence of ownership and priority claim even in the absence of examination and issuance of certificates by the Patent Office. The usual actions of opposition, renewal, payment of annuities, working, and so forth (with the exception of the assignment of applications) are not currently applicable in Kuwait.

Filing Requirements:

1. Power of Attorney duly legalized up to the Kuwaiti Consulate
2. Certificate of Incorporation duly legalized up to the Kuwaiti Consulate.
3. Deed of Assignment duly legalized up to the Kuwaiti Consulate.
4. Certified copies of priority documents, if priority is to be claimed.

Assignment Application:

1. A Power of Attorney executed by the assignee legalized up to the Kuwaiti Consulate.
2. A deed of assignment signed by both parties duly legalized up to the Kuwaiti Consulate.
3. The original Kuwaiti certificate of registration of the trademark for endorsement purposes.

Merger Application:

1. Power of Attorney duly legalized up to the Kuwaiti Consulate
2. A merger document duly legalized as above.
3. The original Kuwaiti certificate of registration of the trademark for endorsement purposes.

Change of Name/Address Application:

1. Power of Attorney in the new name/address duly legalized up to the Kuwaiti Consulate
2. A certificate proving the change of name/address duly legalized up to the Kuwaiti Consulate.
3. The original Kuwaiti certificate of registration of the trademark for endorsement purposes.