Kuwait is a “first-to-file” jurisdiction, which means you must register your trademark in order to obtain and enforce exclusive rights. Only in exceptional situations will unregistered marks receive any protection. Registration allows you to:
- Secure exclusive rights over your mark in Kuwait.
- Have clear proof of ownership to prevent future conflicts.
- Take action against trademark infringement by third parties.
Use of the trademark in Kuwait is not required to obtain registration.
In Kuwait, trademarks in classes 32 and 33 cannot be registered for alcoholic beverages.
If you register a combined mark (word + logo), your exclusive right is limited to that exact configuration as filed. If you want protection for the word element or the logo separately, it is advisable to file additional applications for those elements alone.
If a third party later seeks to register or use a similar mark for related goods or services, including a primary or distinctive part of your trademark, you may oppose that application based on confusing similarity.