Law

Pursuant to Trade Law No. 68/1980 , the Kuwaiti legislator regulates the protection of trademarks in Articles 61-95

Classification

The trademark law does not provide for the protection of trademarks covering alcoholic drinks in classes 32 and 33 and pork meat in class 29. Class No. 33 has been completely dropped and the international class 34 has been reinstated for tobacco products. A separate application should be filed with respect to each class of goods and services.

Examination

Trademarks are examined as to their registrability. Accepted trademarks are published for opposition in 3 consecutive issuances of the Official Gazette. Opposition should be made within 30 days form the third publication in the Official Gazette.

Duration

A trademark registration is valid for 10 years as from the date of filing the application renewable for similar periods. A grace period of six months for late renewal is allowed with payment of a fine.

Assignment

Assignment of a registered trademark is possible with or without the goodwill of business concern. In order that an assignment is effective vis-à-vis third parties it must be recorded in the register.

Use

Use of trademarks in Kuwait is not a prerequisite for filing applications for registration or for maintaining trademark registrations in force. However, a trademark registration is vulnerable to cancellation by any party who can convince the court that the trademark has not actually been used in a serious manner for 5 consecutive years, or that there was no bona fide of using the trademark on the goods in respect of which the trademark was registered.

Unauthorized use

Unauthorized use of a trademark registered under the law or an imitation of such a trademark applied on goods of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods, bearing a counterfeit mark by another person to serve the purpose of unauthorized promotion of goods of the same class are offenses punishable under the law in Kuwait.

Infringement

Unauthorized use of a trademark registered under the law or an imitation of such a trademark applied on goods of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods, bearing a counterfeit mark by another person to serve the purpose of unauthorized promotion of goods of the same class are offenses punishable under the law in Kuwait.