Protect your brand in Kuwait through trademark registration is an essential step for businesses. Kuwait is a country located in an important geographical position, a gateway to trade between East and West. The country has a coastline of 500km, which is favorable for the development of maritime trade. Kuwait is also a member of the Gulf Cooperation Council (GCC), which facilitates economic and investment cooperation with neighboring countries. Kuwait possesses the world’s 5th largest oil reserves, accounting for 7% of global reserves. Oil contributes more than 90% of the country’s export revenue and 50% of its GDP. As a result, Kuwait has ample financial resources to invest in economic development, infrastructure and social welfare. The Kuwaiti government has also constantly introduced preferential investment policies to attract domestic and foreign investment including tax exemptions, financial support and simple administrative procedures. Therefore, more and more businesses are expanding their business scope in Kuwait. Viet An Law Firm would like to guide customers through the preliminary procedures for trademark registration in Kuwait through the article below.
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Legal basis
Law No. 13 of 2015 on the Ratification of the Trademark Law by the Gulf Cooperation Council
General overview of “trademarks”
Definition of “trademark”
A trademark is an distinguishable sign, symbol, design, word, phrase, color, sound, scent or combination of these elements, used to identify and distinguish the origin of an entity’s goods or services from other entities and protect consumers from confusion about the origin of products.
Types of registerable trademarks
Traditional brands:
Word marks: Words, phrases, slogans used to identify the brand (e.g. Coca-Cola)
Visual trademarks: Logos, symbols, designs used to identify a brand (e.g., the Apple logo)
Non-traditional trademarks:
Collective mark: Defines membership in an organization (for example, the Red Cross logo)
Certification mark: A certificate of the quality of the goods/services (e.g. UL safety mark)
Scent brand: A unique scent associated with a brand (e.g. Play-Doh scent)
3D brand: Product shape or packaging (e.g. Toblerone chocolate bar shape)
Trademark colors: Specific colors associated with a brand (for example, Tiffany Blue)
Audio brand: Sounds uniquely associated with a brand (e.g., MGM lion’s roar)
Here are some general conditions for trademark registration in Kuwait:
Basic requirements:
Distinguishability: A trademark must be able to distinguish and identify the applicant’s goods or services from other businesses. General terms or descriptive elements may be rejected.
Legal: A trademark must not be offensive, violate public order or morals, or infringe existing trademarks.
Represented by images: Trademarks must be represented by images. This means that it can be described visually in the application.
Other considerations:
Classification: The applicant needs to specify the class of goods or services to which the applicant’s trademark applies under the Nice Classification system.
First Use: In general, the first applicant who intends to use the trademark in Kuwait will be given priority. However, well-known trademarks used elsewhere may be protected.
Power of Attorney: If the applicant does not register the trademark themselves, the applicant needs to appoint a legal representative in Kuwait and provide a Consular Power of Attorney.
Trademark registration documents in Kuwait
Application form: Complete company information, contact information, and details of desired trademark (name, logo, etc.).
Trademark form: The applicant should provide a clear description of the applicant’s trademark (logo, design, etc.) according to the required specifications (size, format).
Classification of goods and services: The applicant should clearly identify the specific classes of goods or services to which the applicant’s trademark applies under the Nice Classification system.
Power of attorney (if applicable): A Power of Attorney document legalizing the appointment of a legal representative in Kuwait to handle the application process on behalf of the applicant (if the applicant does not register himself).
Supporting documents (if any):
In some cases, the applicant may need to provide additional documentation depending on the specific characteristics of the mark:
Proof of prior use in Kuwait (if applicable).
Proof of ownership for a class mark or certification mark.
Any other documents required by the Kuwait Patent and Trademark Office.
Trademark registration fees in Kuwait
Government Filing Fee: This is the official fee collected by the Kuwait Patent and Trademark Office for processing the applicant’s trademark application. Based on information found online, it is approximately 800 Kuwaiti dinars (KWD).
Publication fee: There may be a separate fee for publishing the applicant’s trademark application in the official gazette. This fee can be around 95 KWD ($310).
Number of classes: The cost may increase slightly if the applicant registers trademarks for multiple classes of goods/services in the Nice Classification system. Each additional class after the first 20 classes may incur a small additional fee (approximately 10 KWD or 33 USD per class).
Power of attorney: If the applicant uses an intellectual property representative in Kuwait to handle the registration process, an additional fee may be required to register the trademark
How to file a trademark application in Kuwait
To file for trademark protection in Kuwait, you can apply by the following filing methods:
Direct filing: You can come directly to the Kuwait Patent and Trademark Office at P.O. Box 2944 Safat 13030 Kuwait City to file the application and related documents.
By Post: You can send your application and all required documents via postal service or courier service to the address of the Kuwait Patent and Trademark Office at P.O. Box 2944 Safat 13030 Kuwait City.
Submit online via website:
Log in to the website and create an account to apply online https://trademark.moci.gov.kw/trademark/WebPages/login.aspx When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the Kuwait Patent and Trademark Office
Perform the search and notify customers in writing of the results of the trademark search in Kuwait;
Drafting dossiers and directly submitting and monitoring the status of trademark filings in Kuwait on behalf of trademark owners;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Kuwait;
Assist in monitoring, representing the resolution of objections and responding to intellectual property representatives carrying out procedures in Kuwait.
Receive dispatches, certificates and hand over to customers (if any).
If you need to apply for trademark registration in Kuwait, please contact Viet An Law Firm for the most effective support.
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