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Kuwait is a member to
the
WIPO. |
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The international classification of goods and
services is followed, except for "pork meat products" in
class 29, and "alcoholic drinks" in class 32.
Class 33 has been deleted and class 34 has
been reinstated for tobacco products. A separate application
should be filed for each class. A Collective
mark could be registered.
Applicant could be any natural person or a
corporate. |
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Upon filing, the application is
examined as to its form and registrability. The
Registrar has the right to impose limitations or modifications he may deem
necessary. An accepted application is published in 3 consecutive issues of the Official Gazette. Any interested
party may file an opposition to the
Trademark Committee within 30 days as from
the last publication date.
If the Committee's decision is not satisfactory,
it could be appealed to the competent Court, whose decision is final. |
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In case of rejection or conditional acceptance,
the applicant may appeal to the Trademark
Committee within 30 days from receiving the
notification. If the Committee's decision is not satisfactory,
it could be appealed within 60 days to the competent Court, whose decision is final. |
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A
trademark protection is valid for 10 years as from the filing date, and renewable for similar
periods. The Trade mark Law provides 6 months grace period for late renewal. |
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A trademark could be assigned with or without the goodwill of the business, an assignment should be recorded
in order to be effective against third parties and should be published in the
Official Gazette.
Changes in the name of the registrant and/or his
address, registered user agreements, license and
amendments which do not affect the identity of
the mark substantially, limitation of the list
of goods and/or services covered by a trademark
registration, must be recorded and published.
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The
use of a trademark is not compulsory.
However, if the registrant fails to use his mark
for 5 consecutive years from the registration
date, any interested party may file a request to
the Court to cancel a trademark registration. |
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A
trademark registration could be cancelled in one
of the following cases:
a) Any party, who has been using the mark prior
to its registration, may request the Court,
within a period of 5 years from the filing date,
to remove the improperly registered mark;
b) The registrant could request the cancellation
of his mark;
A cancelled mark cannot be registered in favor of a third party for a period
of 3 years from the cancellation date. |
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Illegal or un-authorized use of a registered
trademark or use of a fake or counterfeited
trademark in bad faith is considered as
infringement act, punishable according to the
Law, and the registrant could file criminal
and/or civil cases against infringers. A
criminal case could be filed to the competent
authority, for the confiscation and destruction
of the infringed goods; while a civil case could
be filed to the Civil Court for establishment of
the infringement fact, suspension of the
infringement act, destruction of the infringed
goods, and compensation for damages and losses. |
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1- |
A
power of attorney
legalized
to the Consulate
of Kuwait; |
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2- |
A certified copy of the Certificate of
Incorporation, or an Extract from the
Commercial Register, legalized to the Consulate
of Kuwait; |
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3- |
Representation of the mark, preferably by email in jpg
format; |
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4- |
Applicant's name, address,
and nationality; |
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5- |
List/s of goods and/or services; |
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6- |
A certified copy of home or foreign
application/registration, if priority is to
be claimed. |
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Documents in 1, 2 and
6 could be filed belatedly within 90 days as from the
filing date |
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Documents other than in English or Arabic should be
accompanied with their English translation |
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Search |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Search for one mark
in one class: |
15.-- |
115.-- |
130.-- |
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New
Trademark Application |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Filing
one trademark application in one class: |
25.-- |
325.-- |
350.-- |
|
2- |
Preparing
prints of the mark: |
0.-- |
20.-- |
20.-- |
|
3- |
Obtaining
certified translation of the mark: |
0.-- |
20.-- |
20.-- |
|
4- |
Publication in the Official Gazette: |
25.-- |
100.-- |
125.-- |
|
5- |
Registration
fees of one mark in one class: |
30.-- |
170.-- |
200.-- |
|
0 |
0 |
0 |
Total |
715.-- |
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Simultaneous Application |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Filing
one trademark application in one class: |
25.-- |
295.-- |
320.-- |
|
2- |
Preparing
prints of the mark: |
0.-- |
20.-- |
20.-- |
|
3- |
Obtaining
certified translation of the mark: |
0.-- |
20.-- |
20.-- |
|
4- |
Publication in the Official Gazette: |
25.-- |
100.-- |
125.-- |
|
5- |
Registration
fees of one mark in one class: |
30.-- |
170.-- |
200.-- |
|
0 |
0 |
0 |
Total |
685.-- |
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Trademark Renewal |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Filing
an application for renewal of a trademark
registration |
0 |
0 |
0 |
|
0 |
within the last year of the protection
period: |
50.-- |
200.-- |
250.-- |
|
2- |
Publication in the Official Gazette: |
35.-- |
15.-- |
50.-- |
|
0 |
0 |
0 |
Total |
300.-- |
|
3- |
Fine
for late renewal during the grace period: |
15.-- |
35.-- |
50.-- |
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Other
Services |
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Official fees |
ST&P |
Total (US$) |
|
1- |
Recording
Assignment or License or User Agreement or
Pledge or |
|
0 |
Security Interest of one mark in one class,
excl. publication: |
25.-- |
225.-- |
250.-- |
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2- |
Amendment
of a registered mark, excluding publication: |
25.-- |
225.-- |
250.-- |
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3- |
Recording
a change of owner's name, excluding
publication: |
25.-- |
225.-- |
250.-- |
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4- |
Recording
a change of owner's address, excluding
publication: |
25.-- |
225.-- |
250.-- |
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5- |
Cancellation
of a trademark registration, excluding
publication: |
25.-- |
225.-- |
250.-- |
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6- |
Publication in the Official Gazette: |
35.-- |
65.-- |
100.-- |
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Infringement |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Drafting
and sending a Cease and Desist letter (one
target): |
0.-- |
800.-- |
800.-- |
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- each additional target: |
0.-- |
250.-- |
250.-- |
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2- |
Filing criminal case against infringers: |
1,000.-- |
3,000.-- |
4,000.-- |
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3- |
Filing
a Civil case against infringers (minimum): |
2,500.-- |
7,500.-- |
10,000.-- |
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Disbursements |
|
Official fees |
ST&P |
Total (US$) |
|
1- |
Replying
to an Official action: |
25.-- |
225.-- |
250.-- |
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2- |
Amendment
of an application: |
25.-- |
225.-- |
250.-- |
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3- |
Appeal
against an Official rejection incl. 2
hearing sessions: |
0.-- |
350.-- |
350.-- |
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4- |
Responding to an opposition incl. 2 hearing
sessions: |
0.-- |
300.-- |
300.-- |
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5- |
Filing
an opposition against a published trademark
including |
0 |
0 |
0 |
|
0 |
2 hearing sessions: |
500.-- |
1,500.-- |
2,000.-- |
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6- |
Attending
additional hearing sessions (each session): |
0.-- |
250.-- |
250.-- |
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7- |
Claiming
Convention priority: |
0.-- |
50.-- |
50.-- |
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8- |
Extra publication charges in local newspapers
(per sq/cm): |
5.-- |
5.-- |
10.-- |
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9- |
Late
filing of documents: |
0.-- |
50.-- |
50.-- |
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10- |
Applying
for extension of time: |
0.-- |
100.-- |
100.-- |
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11- |
Recording
change of agent's representation: |
35.-- |
165.-- |
200.-- |
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12- |
Obtaining
a certified copy of a trademark application: |
25.-- |
125.-- |
150.-- |
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13- |
Obtaining
a certified copy of a certificate of
registration: |
25.-- |
125.-- |
150.-- |
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14- |
Translation
of documents (per Arabic page): |
0.-- |
35.-- |
35.-- |
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15- |
Local
legalization of documents (per document): |
35.-- |
40.-- |
75.-- |
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Trademarks
