IP Registration System

 Summary of the Trademark Registration System
 
 The international classification of goods and services is followed in Kuwait. 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 international class No. 34 has been reinstated for tobacco products. A separate application should be filed with respect to each class of goods and services.
 
 Once a trademark application is filed, the trademark is examined as to its registrability. In case the Registrar rejects a trademark the applicant may file an appeal in court within 30 days as of the date of the official notification. Trademark applications accepted by the Registrar are published in three consecutive issues of the Official Gazette of Kuwait (Al-Kuwait Al-Youm). There is a period open for filing opposition by any interested party. The statement of opposition to the registration of a trademark should be submitted to the Registrar within the prescribed term of thirty days as from the date of the last (third) publication of the relevant notice in the Official Gazette.
 
 An opposition statement requires a counter statement to be filed within 30 days by the applicant in order to maintain the trademark application in force. All opposed trademark applications remain pending with the Registrar until a court decision is issued in favor of either party, or an amicable settlement is reached by the parties concerned. In the absence of opposition the relative certificate of registration will be issued.
 A trademark registration is valid for 10 years as from the date of filing the application renewable for similar periods of ten years, each upon submitting an application for renewal during the last year of the protection period of the trademark.
 
 The Trademark Law provides for a six-month grace period for late renewal of a trademark registration, subject to payment of a lateness fine. If a trademark registration is not renewed within six months as from the date of expiration it will be canceled automatically. A trademark, which lapses in this way, may be reregistered in the name of a third party at any time.
 
 The assignment of a trademark can be recorded once the trademark is registered. In fact, unless an assignment has been entered against the trademark in the register and published in the Official Gazette, the assignment shall not be effective vis-à-vis third parties. The assignment of a trademark should be enclosed with goodwill; but once the new law comes into effect, assignments with or without the goodwill of the business concern maybe filed. Changes in the name or address of a registrant, amendment of a trademark and limitation of goods covered by a registration can be recorded as well. However, recordings of licenses or registered users are not applicable in Kuwait.
 
 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 was not actually used in a serious manner for five 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 of a trademark registered under the law or an imitation of such a trademark applied on goods of the same class, 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 penalized under the law in Kuwait.
 
 Summary of the Patent Registration System
 
 Currently, when an application is filed for the grant of a patent or an industrial model registration the Kuwaiti Patent Registrar takes no further action. The Kuwaiti Patent Office has not yet started the process of examining, publishing and granting of patents and designs. All patents and designs filed with the Kuwaiti Patent Office are practically in the application stage, although the relevant inventions and designs are currently protected for 20 years and 10 years respectively.
 
 Until the Kuwaiti Patent Office changes the present practice, all filed patent and design applications shall remain as documentary evidence of ownership and priority claim even in the absence of examination and issuance of certificates by the Patent Office. The usual actions of opposition, renewal, payment of annuities, working, and so forth (with the exception of the assignment of applications), are not applicable in Kuwait. Under these circumstances, it is advisable to file the applications for confirmation patents (patents of importation) or industrial models by the time the protection secured through the initial applications ends.
 
 The provisions of Law No. 4 of 1962 and its amendment of 1999 allows for the registration of patents and industrial models in Kuwait. This law, although issued and published, is still awaiting ratification from the Parliament and the issuance of the implementing regulations. The validity of a patent of invention is twenty years as from the date of filing the application. The patent owner is required to submit an application for renewal of the patent during the last six months upon expiry of every four years. The validity of an industrial model registration is for ten years starting from the date of the registration application.
 
 In the Law No. 4 of 1999, utility models shall be granted for applications including a new technical solution in shape or formulation for equipment, means, tools, parts thereof or others which are used in commercial applications; which is also awaiting ratification and implementing regulations. An applicant may transfer his application into a patent for invention if the conditions are fulfilled, and visa-versa. In both cases, the filing date of the original application shall be taken into consideration.
 
 The term of protection for a model would be 7 years starting from the date of submitting the application; such term is not renewable. The model will be published within 6 months as of the date of submitting the application.
 
 Summary of the Design & Industrial Models Registration System
 
 Currently, when an application is filed for the grant of a patent or an industrial model registration the Kuwaiti Patent Registrar takes no further action. The Kuwaiti Patent Office has not yet started the process of examining, publishing and granting of patents and designs. All patents and designs filed with the Kuwaiti Patent Office are practically in the application stage, although the relevant inventions and designs are currently protected for 15 years and 5 years respectively.
 
 Until the Kuwaiti Patent Office changes the present practice, all filed design applications shall remain as documentary evidence of ownership and priority claim even in the absence of examination and issuance of certificates by the Patent Office. The usual actions of opposition, renewal, payment of annuities, working, and so forth (with the exception of the assignment of applications), are not applicable in Kuwait. Under these circumstances, it is advisable to file the applications for confirmation patents (patents of importation) or industrial models by the time the protection secured through the initial applications ends.
 
 The provisions of Law No. 4 of 1962 and its amendment of 1999 allows for the registration of industrial models in Kuwait. This law, although issued and published, is still awaiting ratification from the Parliament and the issuance of the implementing regulations.
 
 In the Law No. 4 of 1999, utility models shall be granted for applications including a new technical solution in shape or formulation for equipment, means, tools, parts thereof or others which are used in commercial applications; which is also awaiting ratification and implementing regulations.
 
 An applicant may transfer his application into a patent for invention if the conditions are fulfilled, and visa-versa.
 
 In both cases, the filing date of the original application shall be taken into consideration.
 
 The term of protection for a model under the new law would be 7 years starting from the date of submitting the application; such term is not renewable. The model will be published within 6 months as of the date of submitting the application.
 
 Summary of the Domain Names Registration System
 
 Since 1999, the Kuwait Institute for Scientific Research (KISR) has allowed for the registration of domain names. According to the domain name registration requirements IP numbers for a primary and secondary name server should be furnished.
 
 The KISR has no legal obligation to screen domain name registrations but operates as a 1st-come 1st-served body. Any legal disputes are forwarded to the courts and are governed by the Civil Law; nevertheless, a proof of ownership of the name, by a trademark registration or a company name may be requested. A proof that an agent for that name is in the country has to be recorded.
 
 When a court order is issued to cancel the domain name the KISR will abide by the order to cancel or amend a name. Domain names are nontransferable once registered to an entity unless said entity is bought out or merges with another entity. If an entity is dissolved, the domain names owned by that entity will be reallocated.
 
 Domain name has to be renewed annually or loss of rights will occur.