Kuwait.

Legislation

As regards patents, the Patent Office in Kuwait was opened later in 1995 subsequent to a resolution adopted by the Gulf Cooperation Council (GCC) states requesting an integration of the patent registration system of the member countries. Certificate of a patent granted by the GCC Patent Office shall secure legal protection of the inventor’s right in all member countries. Kuwait has no copyright law. The only law in force is the trademarks Law. International classification of goods is adopted; however the 8th edition of the NICE classification of goods and services is not yet adopted. The trademarks law, in compliance with Islamic precepts, does not allow registration of trademarks in classes 32 and 33 concerning alcoholic beverages and pork meat in class 29. Subsequent to filing an application to the Register of Trademarks, the application is examined as to regisrability.

If the Registrar declines to register a trademark, the applicant may apply to the court within a period of 30 days from the date of being duly notified. An accepted trademark shall be published in three consecutive issues of the Official Gazette entitled AL-Kuwait AL-Youm. Opposition may be triggered within 30 days from the date of the third publication. An opposition mandates the applicant to submit a counterstatement within 30 days, if he is keen to maintain his application. Trademark registration is valid for a term of ten years from the date of filing the application; and is renewable for further similar periods. A six months grace period is allowed as regards renewals. A trademark is susceptible to cancellation if an interested party succeeded to convince the court that the trademark was not actually utilized for a period of five consecutive years.

Patent Registration at Kuwait.

Certificate of a patent granted by the GCC Patent Office shall secure legal protection of the inventor’s right in all member countries. Please click on GCC Patent Office to see filing requirements.

Trademarks/service marks.

Formal filing requirements are as follows:

  1. Name and address of the applicant including his nationality, his domicile and the address of his place of business.
  2. A power of attorney duly executed and legalized by a Kuwaiti Consulate.
  3. A duly certified certificate of incorporation of the applicant company duly legalized by a Kuwaiti Consulate.
  4. 15 prints of the mark for each class not exceeding 5cmx5cm
  5. A complete list of goods and services to be covered by the registration.
  6. A certified copy of the priority document if priority is to be claimed.

NOTE: All documents may be filed together with the application form or later within a period preferably not exceeding a three months period.

Changes.

  • Alteration of goods and services.
  • Alteration of a registered trademark.
  • Voluntary cancellation of a registration.
  • Change of name and /or address of the owner.
  • Assignment of the registration.
  • Licensing contract.

Requirements:

  1. A power of attorney duly executed and legalized by a Kuwaiti Consulate.
  2. A duly certified instrument of change of name and/or address.
  3. Original certificate of registration / renewal as the case may be.
  4. Deed of assignment duly executed and legalized by a Kuwaiti Consulate.
  5. A duly executed and legalized licensing contract.

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