The short answer
Kuwait applies the Trademark Law of the Cooperation Council for the Arab States of the Gulf (GCC), approved by Law No. 13 of 2015 on Approval of the Trademark Law of the Cooperation Council. A mark is protected for ten years, deemed registered from the date of application. An extension application is submitted in the last year and can also be made within six months after expiry. Written objections are filed within 60 days of publication, and a court can remove a mark not used for five consecutive years.
Trademark deadlines in Kuwait at a glance
Kuwait adopted the GCC Trademark Law (Law No. 13 of 2015 on Approval of the Trademark Law of the Cooperation Council). These rules are read from the English text of the GCC Trademark Law (Royal Decree No. M/51 of 25 May 2014, in the version published by Saudi Arabia). The implementing regulations and fees are national, so we confirm them with the Ministry of Commerce and Industry of Kuwait before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | Ten years, extendable for similar periods (GCC Trademark Law, Article 20(1)). |
| Which date does the term count from? | A mark is deemed registered as of the date of application (GCC Trademark Law, Article 17(1)). |
| When can I renew? | Submit an application for extension in the last year of the protection period under the Law and its Implementing Regulations. A renewal is granted without further examination and regardless of third-party objections (Article 20). |
| Is there a grace period? | Yes. The owner may seek renewal within six months following expiry. If the owner fails to apply within six months, the authority removes the mark from the register (Article 20(2) and (3)). |
| Opposition period | A concerned party may, within 60 days of publication, file a written objection with the competent authority. The authority gives the applicant a copy within 30 days, and the applicant answers within 60 days or the application is deemed abandoned (Article 14). |
| Reply to an office action | An applicant can appeal a refusal or conditions on registration within 60 days of notification, to a committee, and then to the competent court within 60 days of the committee's decision (Article 13). |
| Priority claim | Priority is available under the Paris Convention. The GCC Law sets the filing steps in its Implementing Regulations, so we confirm them when we file. |
| Non-use | The competent court may, on request of any interested party, order the removal of a mark from the register if it has not been used for five consecutive years, unless the owner justifies the non-use (Article 24). |
| Assignment | Assignment, licensing, pledging and renewal are recorded in the register. A mark removed from the register can only be re-registered for a third party for the same or similar goods after three years from the date of removal, in the cases the Law sets (Article 25). |
Who can register a trademark in Kuwait
Any natural or legal person can apply for registration under the conditions of the Law and its Implementing Regulations.
Representation. We act as your agent before the competent authority. We confirm any local agency rule before filing.
Trademark registration process in Kuwait
Search
- Search the the Ministry of Commerce and Industry of Kuwait records for identical or similar marks in your classes.
File the application
- File with the the Ministry of Commerce and Industry of Kuwait, through your Kuwaiti agent.
- Claim priority at filing if you filed abroad recently.
Examination
- The office examines the application and tells you in writing if there is a problem. We reply within the time set in the notice.
Publication and opposition
- An accepted application is published.
- After approval the mark is published, and a concerned party can object in writing within 60 days. The applicant answers within 60 days of notification (Article 14).
Registration
- If there is no opposition, or it fails, the mark is registered and a certificate is issued.
Official fees are set by the the Ministry of Commerce and Industry of Kuwait and change. We confirm the current fee for your classes before we quote, so the figure you see is the one that applies on the day.
Kuwait trademark validity and renewal
- Protection lasts ten years, deemed from the date of application.
- Apply for the extension in the last year.
- Renewal is also possible for six months after expiry.
- A mark not renewed within that time is removed from the register.
Diarise the last year of the ten-year period from the application date.
Assignment, licence and changes to a Kuwaiti trademark
Additions or amendments
Original procedure
Changes to a registered mark that do not materially affect it follow the original procedure (Article 18).
Register corrections
By the authority
The authority can add missing information and remove false information (Article 15).
Re-registration
Three years
Re-registration for a third party follows removal after three years in some cases (Article 25).
Court removal
Five years
A court can remove a mark unused for five consecutive years (Article 24).
Non-use and cancellation of a Kuwaiti trademark
The competent court may remove a mark from the register on request of any interested party if it has not been used for five consecutive years, unless justified (Article 24). A mark can also be removed on the owner's application, and a licensed mark only with the licensee's consent (Article 23).
Keep dated proof of use in Kuwait: invoices, packaging, advertising and website pages that show the mark with the goods or services.
How to check a trademark in Kuwait
Search the Kuwait trademark register through the Ministry of Commerce and Industry of Kuwait for the publication, registration and renewal dates.
Sources used
- Trademark Law of the States of the Cooperation Council for the Arab States of the Gulf (Royal Decree No. M/51, 25 May 2014), English text: Articles 13, 14, 15, 17, 18, 20, 23, 24 and 25.
- Law No. 13 of 2015 on Approval of the Trademark Law of the Cooperation Council as listed on WIPO Lex, and the Ministry of Commerce and Industry of Kuwait for the Implementing Regulations and fees.
Kuwait trademark FAQ
How long does a trademark last in Kuwait, and from when?
Ten years, extendable for similar periods (GCC Trademark Law, Article 20(1)). It counts from the date of application (Article 17).
When should I renew a Kuwaiti trademark, and is there a grace period?
Submit an application for extension in the last year of the protection period under the Law and its Implementing Regulations. A renewal is granted without further examination and regardless of third-party objections (Article 20).
What is the opposition period in Kuwait?
A concerned party may, within 60 days of publication, file a written objection with the competent authority. The authority gives the applicant a copy within 30 days, and the applicant answers within 60 days or the application is deemed abandoned (Article 14).
How much does it cost to register a trademark in Kuwait?
The official fee is set by the the Ministry of Commerce and Industry of Kuwait and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Kuwait?
Yes. A foreign company can register a mark in Kuwait, normally through a local agent. We arrange this.
Can I assign a Kuwaiti trademark?
Assignment, licensing, pledging and renewal are recorded in the register. A mark removed from the register can only be re-registered for a third party for the same or similar goods after three years from the date of removal, in the cases the Law sets (Article 25).
Can a Kuwaiti trademark be cancelled for non-use?
The competent court may, on request of any interested party, order the removal of a mark from the register if it has not been used for five consecutive years, unless the owner justifies the non-use (Article 24).
How can I check the status of a Kuwaiti trademark?
Use the the Ministry of Commerce and Industry of Kuwait register and check the publication, registration and renewal dates.
Can I claim priority from my home country?
Priority is available under the Paris Convention. The GCC Law sets the filing steps in its Implementing Regulations, so we confirm them when we file.
How do I change the owner's name or address?
Record the change with the the Ministry of Commerce and Industry of Kuwait so notices and renewal reminders reach the right address. Ask us for the current form.
Protect your brand in Kuwait
SUPREMEiP® files trademarks worldwide through its network and checks every Kuwaiti deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
