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Kuwait is a small, relatively open economy with proved crude oil reserves of about 94 billion barrels - 10% of world reserves. Petroleum accounts for nearly half of GDP, 90% of export revenues, and 75% of government income. Kuwait lacks water and has practically no arable land, thus preventing development of agriculture. With the exception of fish, it depends almost wholly on food imports. About 75% of potable water must be distilled or imported. Higher oil prices reduced the budget deficit from $5.5 billion to $3 billion in 1999, and prices are expected to remain relatively strong throughout 2000. The government is proceeding slowly with reforms. It inaugurated Kuwait's first free-trade zone in 1999 and will continue discussions with foreign oil companies to develop fields in the northern part of the country.

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Period

Trademark registration is valid for a period of 10 years from date of filing.
Classification

The Kuwaiti Trademark Law is following the International Classification of Goods & Services for the purpose of registration of marks. Class 33 and "Beer, ale and porter" in class 32 as well as related services are not registrable.

- Service marks can be registered.
- A separate application is required for each class.

Filing Requirements:

Power of Attorney that is legalized. General Power will suffice for continuous applications.
Certified copy of home registration legalized upto the Kuwaiti Consulate.
10 prints (for each class).

Color of the Mark
Registration of a mark is valid for all colors unless a particular color is claimed.

Search
An official search can be conducted for word marks and devices.

Renewal of the mark
A trademark registration is renewable for a period of 10 years each. A three-month grace period is provided for late renewal of a trademark.

Requirements:

Power of Attorney legalized upto the Kuwaiti Consulate (in case we are not already in possession of a legalized one).
The original registration certificate for endorsement.

Note: Certificates of renewal are not issued by the Trademark and Patent Office.

Examination
Trademark applications are examined as to their registrability, similarity with other prior registrations and conformity with public moral.

In case the Registrar rejects a trademark the applicant can file an appeal in the Court within 30 days of the official date notification.

The registrar may accept a mark with one of the following conditions:

Not to use the element of a composite mark separately
Associated with other marks, which have a common identical element.

Assignment Requirements

Requirements:

Power of Attorney, signed by the Assignee and legalized upto the Kuwaiti Consulate.
A Deed of Assignment that has been signed by both parties and legalized upto the Kuwaiti Consulate.
The original registration certificate for endorsement.

Change of Name/Address

Requirements:

Legalized declaration from the applicant attesting the change of name/address.
The original registration certificate for endorsement.

Recordal of License
Recordal of license is applicable neither in practice nor in accordance with the TM Law. In case of rising conflict, the court will take into consideration the original agreement concluded between the parties concerned, or a duly legalized extract from the Commercial Register.
Use Requirements

Although Use is not a prerequisite for registration, the Law requires use in order to prevent any interested third parties from requesting cancellation based on non-use. The trademark is supposed to be used for five consecutive years from the date of registration to become the sole ownership.

Article 86 of Kuwait TM Law says: "Except when the mark proprietor produces justification for the non-use of his mark, the court may, upon application by any interested person, order to cross off the registration, if it is established that the mark had not been effectively used for five consecutive years".

Appeal
The Registrar's decision, either refusing or conditionally accepting the application for registration of a trademark, may be appealed within 30 days to the court. The decision of the Registrar in an opposition proceeding is subject to appeal to the court within 10 days from the date on which the person concerned was notified of the decision

Opposition

The trademark applications accepted are published in 3 consecutive issues of the official gazette. The term for filing an opposition before the Registrar is within 30 days from the date of publication in the third gazette. An opposition statement requires a counter statement to be filed within 30 days by the applicant to maintain the trademark application in force. A lawyer refers the opposition case to the Court if either party objects the decision of the Registrar.

Marking
Marking of registered marks is not required.

Cancellation
The Registrar, as well as any interested party, may request the courts to remove any trademark improperly registered, and the Office will eliminate the trademark on receipt of a final judgment to that effect.

Abandonment: There are no provisions for the abandonment of a trademark.

Status of unregistered trademark
There are no provisions for the status of an unregistered trademark.