Trademark Registration in Kuwait

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.

To register a trademark in Kuwait, you will generally need:

• Original Power of Attorney, signed, notarized, and legalized before the Consulate of Kuwait.
• The name or logo you want to register
• The applicant’s details

Your iGERENT consultant will confirm the exact requirements for your case and guide you through each step.

The average time to obtain registration of a trademark in Kuwait is 3 months.

This is an estimated timeframe for straightforward cases, based on current processing times, and it may vary considerably depending on objections, oppositions or procedural delays.

Additionally, if the process is straightforward, the final registration fees may be requested as soon as one week after filing, with a one-month deadline to pay them.

Once registered, your trademark in Kuwait will have:

• An initial validity of 10 years from the application date.
• The possibility of indefinite renewal in further periods of ten (10) years each.

Renewal can be requested:

• Within twelve (12) months before the expiration date, and
• Until the last day of the month in which it expires.
• After that, there is a grace period of six (6) months during which the trademark can still be renewed, subject to the payment of a late renewal fee.

If you fail to renew within these time limits, the registration will lapse and you will lose your exclusive rights. Protection can only be regained through a new application.

Yes. If a third party attempts to register a trademark that is identical or confusingly similar to yours for similar goods or services, you can oppose their application.

• Opposition actions may be filed by third parties within three (3) months from the date of publication of the application.
• The chances of success will depend on the evidence, the similarity of the marks, and the overlap in goods/services in each case.

A trademark does not need to be in use to be filed or registered in Kuwait.

However, if the trademark is not used for a period of five years, it becomes vulnerable to cancellation actions based on non-use brought by third parties. The level of use required to avoid this vulnerability may be minimal, but some genuine use should exist.