Kuwait follows the Nice International Classification of Goods and Services. The trademark law grants no protection to marks covering alcoholic beverages in Classes 32 and 33 or pork in Class 29: Class 33 has been dropped entirely, and Class 34 is restricted to tobacco products. A separate application must be filed for each class of goods or services.
Once filed, an application is examined for registrability. If the Registrar refuses registration, the applicant may appeal the decision to the competent court within 60 days of notification. Accepted applications are published on the official website of the Kuwaiti Trademark Office, and any interested party may file an opposition within 60 days of publication — counted from the date of the last (third) advertisement on the official website. An opposition requires the applicant to file a counter-statement within 60 days in order to keep the application alive. Opposed applications remain pending before the Registrar until he decides, a court rules in favour of either party, or the parties reach an amicable settlement. Where there is no opposition, the electronic registration certificate is issued on the official website of the Kuwaiti Trademark Office.
Protection runs for 10 years from the filing date and is renewable for like periods upon application filed during the final year of protection. The law provides a six-month grace period for late renewal against a fine, and a lapsed trademark may be re-registered.
An assignment may be recorded at any time after grant; unless recorded, it has no effect against third parties. The registration certificate reflects the particulars entered in the Register and is not published in the Official Gazette. A trademark may be assigned with or without the business. Changes to the owner's name and address, amendments to the mark, and restrictions to the goods covered are recordable; licence and registered-user agreements, however, are not recorded.
Use is not mandatory for filing, maintaining or renewing a registration; prior use is the primary factor in determining ownership but is not a precondition of registration. A mark becomes vulnerable to cancellation by any interested party who proves to the court non-use for five consecutive years, unless the owner presents an acceptable excuse.
The following are offences punishable by law: unauthorised use of a registered mark; imitation of a mark and its application to goods or services in the same class; sale, possession with intent to sell, or offering for sale of goods bearing a forged mark; and use of a duly registered mark of another to promote goods or services of the same class without authorisation.
Trademark/Service Mark Applications
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