KUWAIT - The organizations associated with the country are - World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC). The Conventions regulated for the country are - Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement.

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Organizations

World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC).

Conventions

Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement

Power of Attorney

Protection Term:

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewals with payment of a surcharge.

Classification:

The International Classification of Goods and Services (10th Edition) is followed. However, class 33, alcoholic goods in class 32, and pork meat in class 29 cannot be registered in Kuwait. A separate application is required for each class.

Opposition:

Trademark applications accepted by the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.Counterstatements in response to an opposition can be submitted within 60 days from receipt of notification.

Power of Attorney:

General Power of attorney is sufficient for continuous application.

Use Requirements:

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years preceding the date of filing for cancellation.

Assignment:

Trademarks may be assigned with or without the goodwill of the business concerned and May be recorded for registrations only.

License:

License recordation is not compulsory to be effective against third parties and May be recorded for registrations only.

Merger:

May be recorded for registered marks.

Change of Name/Address:

May be recorded for registrations only.

Time Frame:

Conducting search is between 3 to 7 working days, Registration/Renewal process is within 12 to 24 months and Recordation process within 12 to 18 months.

Filing Requirements:

  • Power of Attorney duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • Certified Certificate of incorporation or Extract from the Commercial Register duly legalized as above.
  • A priority document if priority is to be claimed.

Renewal:

  • Power of Attorney duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti ministry of foreign affairs and ministry of Justice at our end.(in case we are not agent of record).

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti ministry of foreign affairs and ministry of Justice at our end.
  • Deed of assignment signed by the both parties duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti ministry of foreign affairs and ministry of Justice at our end.
  • License Agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti ministry of foreign affairs and ministry of Justice at our end.
  • Certificate of merger duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti ministry of foreign affairs and ministry of Justice at our end.
  • Certificate of change of name/address or Extract from the Commercial register showing the old and new name/address duly legalized as above.

Protection Term:

The term of protection is 20 years from the filing date.

Annuities:

No provisions.

Opposition:

No provisions.

Search:

No provisions.

Examination:

No provisions.

Note:

The Kuwaiti patent office has not yet started the process of examining, publishing and granting of patents. All patents filed with the Kuwaiti patent office are practically in the application stage.

Filing Requirements:

  • Power of Attorney duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti ministry of foreign affairs and ministry of Justice at our end.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • Deed of Assignment duly legalized as above. if the applicant is not the inventor.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by both parties duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti ministry of foreign affairs and ministry of Justice at our end.
  • Deed of assignment signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • License Agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • Certificate of merger duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • Certificate of change of name/address or Extract from the Commercial register showing the old and new name/address duly legalized as above.

Protection Term:

10 years from filing date.

Renewal:

For one term of 5 years.

Examination:

As to form, novelty, and industrial applicability.

Applications with Multiple Figures:

Admissible for up to 50 figures.

Note:

The Kuwaiti Patent Office has not started the process of examining, publishing and granting of designs. All designs filed with the Kuwaiti Patent Office are practically in the application stage

Filing Requirements:

  • Power of Attorney duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.
  • Deed of Assignment duly legalized as above. if the applicant is not the inventor.
  • A priority document if priority is to be claimed.

Assignment:

  • Power of Attorney signed by the assignee duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • Deed of assignment signed by the both parties duly legalized as above.
  • Certified Certificate of incorporation or Extract from the Commercial register duly legalized as above.

License:

  • Power of Attorney signed by the licensee duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • License Agreement signed by both parties duly legalized as above.

Merger:

  • Power of Attorney duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • Certificate of merger duly legalized as above.

Change of Name/Address:

  • Power of Attorney in the new name/address duly legalized up to the consulate of Kuwait and further legalized locally at the Kuwaiti Ministry of Foreign Affairs and ministry of Justice at our end.
  • Certificate of change of name/address or Extract from the Commercial register showing the old and new name/address duly legalized as above.