LAW SUMMARY

The trigger for the implementation of the GCC Trade Mark Law in Kuwait has been the publication of Ministerial Decision No. 500 of 2015 which approved the Implementing Regulations for Law No. 13 of 2015 and which, in turn, ratified the GCC Trade Mark Law. Ministerial Decision No. 500 of 2015 was published on 27 December 2015, with the effect that the Implementing Regulations came into force in Kuwait on 28 December 2015.

CLASSIFICATION

Nice Classification 10th edition — single class application. Class 33, alcoholic goods in class 32, and pork meat in class 29 cannot be registered

SEARCH

Trademark searches conducted through internal database

PROTECTION

A trademark registration is valid for 10 years as of the date of filing the application, renewable for similar periods of 10 years each upon submitting an application for renewal during the last year of protection

PRIORITY CLAIMS  

Priority  can claim on the basis of a previous application filed in a state that is a signatory to a multilateral international convention to which a Gulf Cooperation Council (‘GCC’) State is a member.

EXAMINATION TIME

 Examination within 90 days of filing by either accepting or rejecting the application in terms of its formality; the applicant then has another 90 days to complete missing information, documents or explanations.

 APPEALS 

An appeal committee formed by the Ministry of Commerce and Industry will hear an appeal against rejected applications within 60 days of notification. It will then examine the appeal and take a decision, which will be delivered to the appellant within 30 days of issue. The appellant can appeal the committee’s decision to the court within 60 days of notification.

OPPOSITION PERIOD

Sixty days from Gazette Publication

REGISTRATION