Q&A On IP Laws And Practices

Q:How long will it take to conduct a trademark search?
A:7 working days.

Q:Does your country use the international classification?
A:Yes.

Q:Are there any goods or services for which the mark cannot be registered?
A:Beer, ale and porter in class 32 and all goods in class 33 since alcoholic goods are not registerable.

Q:Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to the whole goods within the class?
A:Protection of all the goods in the same class.

Q:Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ? If so, what are its requirements?
A:Yes, a power of attorney and a basic registration in the name of the co-appliants.

Q:Can an application be filed without its complete documents?
A:No.

Q:Can one application cover more than one class of goods/services?
A:No.

Q:May priority be claimed under the Paris Convention?
A:No.

Q:What is the term of protection of a trademark? and from what date is it calculated?
A:10 years as from the filing date.

Q:Is marking compulsory?
A:No.

Q:If a trademark is not renewed in due time, and another company applies to register the same trademark, can the original owner oppose the application?
A:Yes. The lapsed trademark can be registered in the name of a new owner only after 3 years.

Q:If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
A:The correct home certificate, as amended in the home country, is necessary.

Q:Is use required before registration or for maintaining the registration in force?
A:Not required before registration, but is required after registration.

Q:Is use of the trademark on one item sufficient to maintain protection of all the goods covered by the registration?
A:Yes.

Q:What are the types of use required?
A:Use of products bearing the registered mark in the Kuwaiti market.

Q:Can the assignment of an application be recorded?
A:Yes.

Q:Is recording a license agreement compulsory?
A:Not applicable.

Q:Can change of name, address, merger, assignment, license, etc., be recorded against pending applications?
A:No.

Q: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?
A:With the goodwill. Nominal. No tax.

Q:Can the trademark application be opposed and what is the opposition period?
A:Yes, within 30 days from the 3rd publication.