Trademarks Law in Kuwait
Trademark law in Kuwait is governed by Decree-Law No. 68 of 1980, as amended by Decree-Law No. 10 of 1987 and Law No. 1 of 2001. Additionally, Ministerial Decision No. 500 of 2015 was issued pursuant to Law No. 13 of 2015, approving the Gulf Cooperation Council (GCC) Trademark Law, which standardizes trademark regulations across GCC member states, including Kuwait.
📄 Trademark Registration Process
Application Submission: Trademark applications must be filed with the Ministry of Commerce and Industry (MOCI) in Kuwait. Applications can be submitted electronically through the official government portal or in person at the MOCI office. Foreign applicants are required to appoint a registered trademark agent in Kuwait to represent them.
Required Documents:
A Power of Attorney legalized up to the Kuwaiti Consulate.
A copy of the trademark (e.g., logo, word mark).
A list of goods and/or services according to the Nice Classification.
If claiming priority, a certified copy of the priority document, legalized up to the Kuwaiti Consulate.
Arabic translation of any non-Arabic documents.
Examination: The MOCI conducts a formal examination to assess compliance with legal requirements and checks for conflicts with existing trademarks.
Publication and Opposition: If the application passes examination, it is published in the Official Gazette (Al-Kuwait Al-Youm) for three consecutive issues. Interested parties have 60 days from the last publication to file an opposition. If no opposition is filed, the trademark proceeds to registration.
Registration: Upon successful examination and absence of opposition, the trademark is registered, and a certificate of registration is issued.
⏳ Duration and Renewal
Initial Registration: Trademarks are registered for 10 years from the filing date.
Renewal: Renewable indefinitely for successive 10-year periods. Renewal applications must be submitted within the last year of the current protection period. A 6-month grace period is allowed for late renewal, subject to payment of a late fee
⚖️ Use Requirement and Cancellation
Use Requirement: While use is not required for registration, a trademark may be vulnerable to cancellation if it has not been used for 5 consecutive years after registration.
Cancellation: Any interested party may file for cancellation based on non-use.
🌍 International Protection
Madrid Protocol: Kuwait is a member of the Madrid Protocol, allowing for international trademark registration through WIPO.
GCC Trademark Law: The GCC Trademark Law provides a unified system for trademark registration among GCC member states, including Kuwait.
✅ Summary
Kuwait offers a structured and efficient trademark registration system under the GCC Trademark Law, with a 10-year initial protection period, renewable indefinitely. Trademark owners must ensure active use within five years to maintain their rights. Foreign applicants must appoint a registered trademark agent in Kuwait to represent them in the registration process.
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