Trade Mark Registration in Kuwait

 Provide four images of the trademark, a legalized and translated power of attorney, and proof of business practice/certificate of incorporation with an Arabic translation. If the mark is not in Arabic, include a translation and pronunciation guide. The late document submission is permitted and can be done within 3 months from the filing date or before the examination.

To renew, you need a legalized and translated power of attorney along with the original Certificate of Registration. Note that a six-month grace period is available, but it incurs a fine. Additionally, the renewal must be published in the Gazette.

For a change of name or address for a registered trademark, the following documents are required: a legalized Power of Attorney (POA), a legalized certificate of change of name/address, and the original certificate of registration for endorsement. Additionally, gazette publication of the name change is mandatory.

You must submit a legalized Power of Attorney (POA), a legalized deed of assignment, and the original certificate of registration for endorsement. This process is only applicable to registered trademarks. The assignment can be executed with or without goodwill, and it is mandatory to publish the assignment in the gazette.

You need a legalized Certificate of Merger and the original Certificate of Registration for endorsement. This is only possible for registered trademarks and requires a gazette publication of the merger.

Before submitting a trademark registration application in Kuwait, it is essential to conduct a thorough search of existing trademarks. Engaging experienced trademark agents in Kuwait can greatly assist in this process. These agents will explore the trademark office’s internal database to identify any registered trademarks that might conflict with the proposed trademark. Additionally, they will perform unofficial searches online to uncover potential conflicting trademarks. Conducting a comprehensive trademark search helps minimize the risk of facing trademark opposition later on.

Once the trademark search is complete, the trademark agents will proceed to file the registration application with the Trademark Office on behalf of the brand owner. The application must be submitted under the appropriate classes of goods and services according to the NICE Classification system. If the trademark pertains to multiple classes, separate applications are required for each. It’s important to note that Kuwait does not permit the registration of trademarks related to alcohol under Class 32 or pork products under Class 29. Additionally, Class 33 is not recognized, while Class 34 is designated solely for tobacco products.

After the submission of the trademark application, the Trademark Office will review the application to determine its eligibility for registration. If the Registrar approves the application, it will be published three times in the Official Gazette, known as Al-Kuwait Al-Youm. Should the trademark violate any regulations, the applicant must file an appeal in court within 60 days following the official notification.

Following the acceptance of the trademark application, there is a 60-day period during which interested parties can file an opposition. This opposition period allows individuals or entities to contest the trademark application if they believe it may cause confusion or if there are other grounds for opposition. Any statements of opposition must be submitted to the Registrar within 60 days of the third publication of the trademark notice in the Official Gazette.

The Registrar will review all statements of opposition filed with the Trademark Office. During this period, the trademark applications will remain pending. A Trademark Certificate will be granted once the Registrar reaches a decision or if a court ruling favors either party. The certificate can also be issued if both parties arrive at a mutual agreement or if no oppositions are filed.