How to file a Trademark in Kuwait?

What is a trademark in Kuwait?

In Kuwait, trademarks encompass all distinctive and graphically representable signs, including words, names, acronyms, letters, numbers, devices, emblems, holograms, combinations of colors, the three-dimensional form of a product or its packaging, sound marks, olfactory marks, and any combination of these signs. Single colors may not be protectable as trademarks unless combined with a design. Registrable trademark types in Kuwait include product marks, service marks (or both), collective marks, and trade names.

Contact us to initiate the process of filing a Trademark in Kuwait. Click Here.

How to file a trademark in Kuwait?

To file a trademark in Kuwait can be done personally; the form must contain at least the following:

Note: A trademark application in Kuwait must be filed in Arabic. Filing in a foreign language with late submission of Arabic translation is not possible.

Our in-house translators can assist you.

• TM information

1. Name of the trademark (if it is a design or combination of word + design, we need the corresponding specimens)
2. Complete name and address of the applicant and state/country of incorporation.
3. Power of Attorney: signed by the applicant or an authorized officer of the applicant company and duly legalized up to the Consulate of Kuwait.
   
   

Also, you may need to file a patent in the United Arab Emirates. 

How is the process of filing a Trademark in Kuwait?

1. Previous Search: Applicants must verify that their distinctive sign is available to follow the application process. There are also some restrictions on what can be considered applicable. You can get in touch with us and we can help you with the restrictions and we can proceed with a search free of charge. Click here to initiate the search.
2. Submission of Application: After completing the trademark search and confirming the availability of your distinctive sign, you can submit your trademark application to the Kuwaiti Intellectual Property Office. The application will undergo a thorough review to identify any errors or missing information.
   
   
3. Examination: The examination procedure begins with the filing of a trademark application form. They will verify that the application complies with all the formal requirements. 
    
4. Opposition:  Upon successful verification of the application, it may be published in an official publication designated by the Kuwaiti Intellectual Property Office. This publication serves as notice to the public. During a specified opposition period, typically lasting 60 working days from the date of the last publication, third parties with legitimate interests may file oppositions against the trademark registration and provide additional evidence to support their opposition.
   
5. Formal examination: Once the opposition period is finalized, the examiner determines whether the application fulfills all requirements, such as the name of the applicant, nationality, address, and correct goods or services classification.
   
6. Review of the application and Trademark Certificate: Following the successful completion of the examination and opposition stages, the Kuwaiti Intellectual Property Office will review the application to ensure compliance with legal requirements and the absence of conflicts with existing trademarks. If the application is approved, the office will issue a trademark registration certificate, granting exclusive rights to the applicant to use the trademark in Kuwait for the specified goods or services.

FAQ

• How long does a Trademark Registration take? The average time for a Trademark in Kuwait to be approved is about  2 to 3 years from the registration date, if there are no objections or oppositions.
• How long does the right to a Trademark last? The term of the right of your trademark in Kuwait is 10 years from the date of application.
• Is Kuwait a member of the Madrid System? No.