All you need to know for a trademark registration in Kuwait

Summary of the guide:

This guide provides an overview of the entire trademark protection process in Kuwait the guide is divided into multiple sections:
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Laws relating to Trademark in Kuwait

The laws governing trademarks in Kuwait are mainly governed by the Kuwaiti Trademark Law No. 13 of 2016, which replaced the previous law No. 15 of 1957. The new law aims to modernize and streamline the trademark registration process in Kuwait and aligns with international trademark standards and practices.

Trademarks are registered at The Ministry of Commerce and Industry in Kuwait

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Trademark registration process in Kuwait

A smooth trademark registration generally passes through three phases:

Filing – you file the trademark at the TM department.

Publication – if the mark is accepted and not rejected, it will be published for 60 days (opposition period).

Registration – after the opposition/publication period ends, you can pay the final registration fees and receive your trademark certificate.

After filing a trademark at the trademark office, and settling official fees relating to filing the trademark examiners at The Ministry of Commerce and Industry in Kuwait to examine trademark applications, the examination process takes place on two levels:

Formal examinations of trademarks in Kuwait –are examinations that take into account regulatory, formal, or documentary aspects of the trademark filing requirements. In other words, an examiner will look at, whether all the required documents for filing have been submitted, whether these documents have been properly authenticated (legalized or locally legalized), whether the fees have been settled, whether the applicant is entitled to register a trademark locally, whether the classes designated are available locally, and whether priority documents are included or not.
 
Substantive examinations of trademarks in Kuwait – are conducted by examiners at the trademark office within The Ministry of Commerce and Industry in Kuwait.

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How long does it take to get a trademark registration in Kuwait?

It takes between 6 to 9 months to receive a trademark registration certificate.


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Examination criteria for trademarks in Kuwait

The examination criteria are both on absolute grounds and relative grounds:

Absolute grounds for trademark refusals in Kuwait are: 

  • Trademarks that are devoid of any distinctive character.
  • Trademarks exclusively consist of signs regularly used in trade, to refer to a type, kind, quality, quantity, intended purpose, value, geographical origin, or other characteristics relating to the goods or service the trademark is registered on.
  • Trademarks which exclusively consist of signs or indications that are used in the normal course of the trade.
  • Trademarks that are contrary to public policy.
  • Trademarks that are contrary to public morals and ethics.
  • Trademarks that deceive the public, as to the nature, quality, or source of the goods or services.
  • Trademarks which include public emblems, flags, and other symbols relating to the state, Arab, or international organizations, or one of their institutions, or a foreign state unless so authorized by it, as well as any imitation of such emblems, flags, or symbols.
  • Trademarks include symbols of the Red Crescent or Red Cross and other similar imitating symbols.
  • Trademarks that are similar to or resemble symbols of a purely religious character.
  • Trademarks are geographical names whose protection or use create confusion as to the origin or source of the goods, the products, or the services.
  • Trademarks are essentially the name, surname, picture, or emblem of a third party unless prior approval is provided.
  • Trademarks are indications of honorary distinctions to which the applicant for registration cannot prove.

Relative grounds for trademark refusals - assess whether a trademark application filed in Kuwait may confuse due to the similarity with a previously registered or famous trademark locally.

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Costs for trademark registration in Kuwait

Costs relating to trademark registration are both official and professional. Official fees are fees paid to the government for processing your trademark registration and are required to be paid for each phase of the process.

Professional fees for trademark registration

Professional fees for trademark registration in Kuwait range from USD160 to USD1,500 depending on the service provider you are working with. Easy trademarks provide cost-effective solutions and have professional fees ranging from USD160 to USD300 depending on the package you choose, as we leverage legal technology, which provides the brand owners with the ability to get premium service, consistency, and delivery at a cost-effective price. Once you are ready to start, choose the package you want and you will see the total official fees and professional fees for each package.

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Official fees for trademark registration

Official Filing fees of a trademark = USD165

Official Publication fees of a trademark = USD98 

Official Final Registration fees of a trademark = USD802

In Kuwait the total official fee for trademark registration is USD1,065

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How long is a trademark protected for?

A trademark is valid for 10 years from the filing date

Trademark registration is valid for 10 years calculated from the filing date. To maintain protection after 10 years, a brand owner should renew the trademark by filing a renewal application.

When does the protection of a trademark in Kuwait start?

Trademark registration is valid for 10 years calculated from the filing date. To maintain protection after 10 years, a brand owner should renew the trademark by filing a renewal application.

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What trademark classes are available in Kuwait?

A trademark owner who is usually referred to as an applicant has to file a trademark on each class required since Kuwait is not a multi-class system. Each class is considered a different trademark. An applicant can protect a trademark on all 45 classes. Every trademark is registered on a specific list of goods (products or services). In Kuwait, there is no limitation on the number of classes you can register your trademark on. In Kuwait, there is a specific list of goods Nice classification version that Kuwait registers on, so a class analysis is required to make sure that the products or services chosen are available before filing your trademark.

What are the documents required for trademark protection in Kuwait?

A Power of Attorney

  • If you are not a resident of Kuwait, a legalized power of attorney is required for trademark registration in Kuwait. A legalized power of attorney means that the power should be stamped at the Kuwait embassy the applicant is from to be enforceable locally within Kuwait.
  • If you are a resident or a national of Kuwait living in Kuwait, then the power of attorney should be notarized and a copy of your trade license or Kuwait ID will be sufficient to file the trademark locally. Notarizing the POA can be completed through a quick visit to the notary.
  • The power of attorney has to be submitted before filing. You have to file your trademark in Kuwait with a legalized power of attorney and submit it before filing to get approval.

Trade License / Commercial Certificate / Certificate of Good Standing:

  • If you are a local entity, then a trade license is required, and a simple copy of the license as long as it is valid.
  • If you are an international company, a license is NOT required.


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What are important deadlines for trademark protection in Kuwait?

A trademark is valid for 10 years from the filing date.


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Are international trademarks available in Kuwait?

An international application can not designate Kuwait. If you want to register your trademark nationally in Kuwait, a local application is filed nationally at the Kuwaiti IP authority. 

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National Vs International trademark in Kuwait?

Kuwait is not a party to Madrid so there are no international applications available in Kuwait. 

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Local tips for trademark registration in Kuwait

  • To register your trademark in Kuwait, you will need to translate applicant details, list of goods (classes), and trademark details into the Arabic language.
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Important Notes

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Service level guarantee for trademark registration in Kuwait

If you require approval from management, you can print this page and obtain approvals. Remember to choose the package you want. If you are not a lawyer, we recommend you choose the premium package. We have individually vetted all trademark agents, and have provided them with a proprietary system owned by Easy Trademarks to guarantee the level of service you will receive.          

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