Trademarks
T1: How long will it take to conduct a trademark search?
7 working days.
T2: Does your country use the international classification?
Kuwait follows the international classification.
T3: Are there any goods or services for which the mark can not be registered?
Beer, ale and porter in class 32, alcoholic goods in class 33, and pork meat in class 29 are not registrable.
T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give extended protection to all the goods in the class?
It gives protection to all goods in the class, but only the goods covered by the basic registration shall be specified in the Kuwaiti registration.
T5: Can a trademark be registered in the name of more than one applicant (i.e. joint application)? If so, what are its requirements?
A trademark can be registered in joint names, but application requires a certified and legalized copy of a basic registration in the name of the joint applicants.
T6: Can an application be filed without its complete documents? If yes, what is the deadline for filing the documents?
An application can be filed with complete documents only. Late filing of documents is not allowed.
T7: Can one application cover more than one class of goods or services?
One application cannot cover more than one class of goods or services. A separate application is needed for each class.
T8: May priority be claimed under the Paris Convention?
Priority claim is not applicable, as Kuwait is not a member to the Paris Convention.
T9: What is the term of protection of a trademark? From what date is it calculated?
The protection period is 10 years, calculated from the filing date.
T10: Is marking compulsory and, if so, how should marking be made?
Marking is compulsory. It should be indicated by R or Registered trademark.
T11: In the event a trademark is not renewed in due time, and another company registers the same trademark, can the original owner oppose the registration or not?
The lapsed trademark cannot be re-filed in the name of a third party until the passage of 3 years from the date of the lapse. The original applicant has the right to oppose.
T12: If the trademark were filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
A certified and legalized copy of the amended home or foreign registration. An amendment application is to be filed to correct the details.
T13: Is use required before registration or for maintaining the registration in force?
Use is not required before registration, but a trademark should be used 5 consecutive years after filing the application to avoid cancellation on non-use. The use requirement is not applicable in the case of renewal.
T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
Use of the trademark on one item is sufficient to protect all goods in the same class.
T15: What are the types of use required?
Use should be by means of sale of the products in the territory.
T16: Can the assignment of an application be recorded?
An assignment or any other recordal is not possible in respect of any pending application. The applicant needs to wait until the trademark is registered.
T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
Recording a license agreement with the Trademark Registry is not applicable.
T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
No recordals can be made against pending applications.
T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
An assignment should be with the goodwill. A nominal amount is sufficient. There is no tax valuation.
T20: Can the trademark application be opposed and what is the opposition period?
A trademark application can be opposed within 30 days from the date of the 3rd publication in the official gazette.
Patents (Kuwait)
P1: Can a patent search be conducted?
Yes.
P2: Can a patent application be filed without its complete documents?
Filing is not possible without complete documents.
P3: Can convention priority (Paris Convention) be claimed?
A priority application can be filed on a reciprocal basis, as Kuwait is not a member of the Paris Convention.
P4: Can a registration be obtained for pharmaceutical products?
No.
P5: What is the term of protection of a patent and from which date is it calculated? Can it be extended?
The protection term is 15 years. There is no patent renewal, as the Patent Office in kuwait has not started examination of filed applications.
P6: Is a secret form of filing a patent permitted?
It is not permitted.
P7: Is there a novelty requirement? Is it local or universal?
There is no novelty requirement.
P8: Are utility models granted protection in your country under the current law.
There is no granting. Only application is possible.
P9: Is the patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
A patent application is possible for software alone.
P10: Can the patent specification or claims be amended?
Amendment can be by a separate application.
P11: Could annuity payments be made before the granting of the patent?
No patent annuity is payable.
P12: In what language should the patent specification and claims be filed?
In the Arabic language.
P13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?
Not applicable.
P14: What are the conditions that might lead to a compulsory license?
Compulsory licenses are not granted.
P15: Must assignments be recorded within a certain period?
An assignment can be filed without publication.
P16: Does the Patent Law provide for licenses or registered users?
It does not provide.
P17: Does the Patent Office publish the patent applications in the Official Gazette?
There is no publication.
Designs and Industrial Models (Kuwait)
D1: Are designs registrable in Kuwait?
Yes. Designs are registrable.
D2: Should the design application be filed under the form of drawings and/or photographs, in which case what would be the size thereof or the number of views?
Designs can be filed under the form of either drawings or photographs. All views are needed. (Size 21 x 21 cm)
D3: What are the novelty requirements for a design application to be valid?
There is no novelty requirement.
D4: Can convention priority (Paris Convention) be claimed in your country?
Priority can be claimed on a reciprocal basis, as Kuwait is not a member to the Paris Convention.
D5: Does your country use the international classification?
It is not the practice in kuwait to use the international classification.
D6: Are there any goods or services for which a design cannot be registered?
Not applicable.
D7: Is the assignment by the creator compulsory for a design application?
Assignment by the creator is not compulsory.
D8: Is there any deadline to apply for the publication of a secret filing of a model or design?
At present there is no publication of design applications.
D9: Are there any special advantages in filing a model or a design in a secret form?
Filing a design in a secret form is not applicable.
D10: Is it possible to file more than one design or model in the same application? If yes, are there any advantages in doing so?
Not possible. One design in different views is possible.
D11: What is the term of protection of a model or design in Kuwait? Can this term be extended?
The term is 5 years. As there is no examination or granting, the renewal or extension of term is not applicable.
D12: Is use required to maintain the registration of a model or design in your country?
Not applicable.
D13: Are designs or models protected by the copyright law as well?
Not applicable.
D14: Are there provisions in your law to oppose a model or design registration?
Opposition is not applicable, as there is no publication.
D15: Is it possible to apply for the cancellation of a model or design filed in a secret form?
Not applicable.
Copyright (Kuwait)
C1: Is copyright protected in Kuwait?
The Copyright Law has not been implemented.
C2: What types of items are protected by the copyright law in your country?
Not applicable.
C3: What is the length of protection of a copyright in your country?
Not applicable.
C4: How long does a copyright take to be registered?
Not applicable.
C5: What kind of sanctions does your copyright law provide against infringers?
Not applicable.
C6: Are there any limitations of copyright in your jurisdiction?
Not applicable.
C7: Must transfer agreements be recorded?
Not applicable.
C8: Must license agreements be recorded?
Not applicable.
C9: Are there any consequences of non-recordal of agreements?
Not applicable.
Domain Names (Kuwait)
N1: Are Domain names protected under a special law?
Protected under a special law, but registration is only in the name of a local company.
N2: Must the domain name be used in order to have protection?
Yes.
N3: Can I register the domain name as a trademark for protection? If yes, in which class?
A domain name can be registered as a service mark in class 42.
N4: What is the length of protection of a domain name in Kuwait?
No length of time is specified, but protection should be renewed every year.
N5: If the domain name is linked to the original website, is the client liable for any material existing on the original website?
The local application is only liable for any material existing on the original website.