ATTENTION: all TM owners! Is your TM used or planned to be used on products that are imported into Kuwait? If so, it would be best to register your TM in Kuwait.
The great thing about registering your TM in Kuwait is that it is not necessary for you to prove that the TM is currently in use in Kuwait in order for it to be registered. But the TM owner does have to register the TM in order to be granted rights over a TM. Although some protection is accorded to unregistered TMs, especially famous marks, any TM owner worth his salt would want to guarantee to itself all TM rights, i.e. their full ownership rights over the TM, in particular, the right to prevent others from using it on other products, unfairly appropriating for themselves the hard-earned goodwill the true TM owner may have built into a brand. Kuwait TM laws protect those who are “first to file”, so timing is critical! Once you have your TM registered, this should be used in Kuwait within 5 years; otherwise, this registration may be cancelled or challenged by those seeking to appropriate the TM for themselves.
Unlike in a few jurisdictions where the English and Arabic translations may be placed in a single application, in Kuwait, the English and Arabic marks are applied for and registered separately. So if you would like to register both English and Arabic versions of the mark, separate TM applications should be filed. The applicant has the option to also apply for elements of a mark separately to give it increased protection against infringement. If the TM is composed of a word-mark and a logo or design with the latter being a prominent part of the entire mark, the TM owner may wish to consider applying for the word component of the mark and the logo or design.
The TM registrations process can take from 4 to 6 months to complete. Once registered, the TM is protected for 10 years from the application date. This can be renewed for the same period as many times as the TM owner wishes to do so. Ideally, the renewal should be applied for 12 months before the registration expires. However, Kuwait law grants a six (6) months grace period during which the TM can still be renewed although a late renewal fee would be charged. Our legal teams are ready to guide you through this process step by step. Visit www.ASARlegal.com to see how we can help you and your business #GoFurther!
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