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Is there a time frame for the trademark registration approval?
The average time frame for the registration approval is 10 months, if no objections or oppositions arise.
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If I register my trademark in Kuwait, do I have protection in other territories?
The territorial limit of registration is Kuwait.
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Do I need to sign a Power of Attorney?
A power of attorney must be filed before the examination phase of the trademark registration process.
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Are there any benefits from a pre-filing use of the trademark?
Trademark rights are primarily obtained through registration.
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Will there be problems in case I don’t use my trademark after registration?
Attack on the ground of non-use is available.
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What are the types of trademark that can be registered in Kuwait?
- words
- devices
- names
- combinations of colours
- certain three-dimensional shapes
- sounds
- slogans
- smells/olfactory marks
- collective marks
- trade dress/get-up
- service marks
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What are the phases of application after a trademark has been filed in Kuwait?
The order of the application process is as follows:
- Examination of the application based on:
- formalities
- classification
- clarity
- descriptiveness
- distinctiveness
- deceptiveness
- conflict with prior registration
- Publication of the following information:
- mark
- name of applicant
- address of applicant
- application number
- application date
- goods/services
- representation of trademark
- agent of record
- conditions and limitations to registration
- Registration
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What type of trademark is not registrable?
- generic terms
- marks contrary to moral standards or public order
- names, symbols or flags of nations, states, or regions, or of international organizations
- geographic location names
- non-distinctive marks
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Does Kuwait use the "Nice Classification" system?
Kuwait uses the Nice Classification System.
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Does the Community Trademark apply for Kuwait?
Kuwait does not follow the European Union Trade Mark registration (formerly known as the Community Trade Mark registration).
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Is there any possibility to claim priority in Kuwait?
It is possible to claim priority if:
- the applicant's home country is a member of the Paris Convention
- its home application was filed within six months prior to the application date in Kuwait
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What do I need to do to satisfy the use requirement?
A trademark must be used within five consecutive years from the registration date. The owner must provide a justification for non-use to avoid cancellation. The court will determine if the evidence of use provided by the registrant is acceptable. Use of the trademark must occur in Kuwait.
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Once my trademark has been registered, for how many years will be valid?
The initial term of a registration is 10 years calculated from the application date.
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What will be the renewal date of my trademark?
The first renewal date of a registration is 10 years from the application filing date.
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Is it legal to use my trademark even if it is not yet registered?
It is legally permitted to use an unregistered mark for any goods or services.