Requirements

Jordan Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 33 of 1952 on Trademarks and its amendments

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No   

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 10th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes, but it is not recommended

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: Yes

Q: Can you conduct a search by applicant name?

A: Yes

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of two years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?  

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Kuwait Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   10 years
Are there any annuity fees to pay?   No

Kuwait Patents FAQ

Q: Which law does the country implement relating to patents?

A: Patent Law No. 71 of 2013

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: Yes

Q: Is your country a member of the GCC Patent Cooperation Treaty? 

A: Yes

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable if it is possible to apply it in agriculture, fishing, services, handcrafts or any kind of industry in the broadest sense of the word;
  • Do not violate the provisions of Islamic Sharia' (Law), public order, ethics, causing serious damage to the environment, or damage human, animal, plantation life or health.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Discoveries, scientific theories, mathematical methods, and computer programs.
  • Schemes, rules, and methods for doing business, performing purely mental acts, or playing games.
  • Plant varieties and species of animals, and biological processes for the production of plants or animals with the exception of microbiological processes and the products thereof.
  • Methods of surgical or therapeutic treatment of the human or animal body and methods of diagnosis applied to the human or animal body with the exception of products used in any of these methods.
  • Varieties of plants or species of animals.

Q: If a worker invented a patent, can he register the patent in his name?

A: The employer shall be the owner of the protection document, unless the work contract stipulates otherwise, where its subject matter results from the execution of a contract, or an obligation providing for exerting efforts to develop it, or if the employer proves that the employee would not have developed the subject matter of the protection had he not used facilities, means or data made available through his employment.

This shall be without prejudice to the employee’s right to receive a special award to be agreed upon with the consent of both parties, or assessed by the Committee in light of the various circumstances of the contract of employment, and the economic importance of the subject matter of the protection. Any special agreement depriving the employee of this right shall be null and void.

An application for a protection document filed by the employee within two years from the date of termination of employment shall be deemed as if submitted during the employment.

Q: Can the applicant amend an application under process?

A: The applicant may introduce the amendments he deems fit to his application if such amendments shall not constitute a substantive modification to the contents of the original application prior to issuance of acceptance decision.

Q: Can the applicant withdraw the application at any time?

A: The applicant may withdraw his application at any time unless it has been finally decided upon. However, such withdrawal shall not give the right to recover the fees paid or any other expense.

Q: Can a patent search be conducted?

A: Yes

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Kuwait within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

 

 

Kuwait Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: GCC Trademarks Law

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No       

Q: Is the country part of the TRIPS Agreement?   

A: Yes

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 10th Edition with limitations on many products and services – refer to requirements section for local classification of goods and services available locally.

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

Refer to requirements section for local classification of goods and services available locally.

Q: Can I register a trademark on class header?

A: No

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: If we register in one GCC country does it mean we are protected in the country?   

A: No, there is no cooperation treaty for trademarks in the GCC.

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 3 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment should be done after the registration of the trademark is completed.

Q: Do you have to include a consideration on the assignment document?

A: Yes

Q: Are there any specific custom procedures in the country?   

A: Yes

Lebanon Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   25 years
Are there any annuity fees to pay?   No.

Lebanon Patents FAQ

Q: Which law does the country implement relating to patents?

A: Law No. 240/2000 of 2000 on Patents

Q: Is the country a member of Paris Convention? 

A: Yes

Q: Is the country a member of the Patent Cooperation Treaty (PCT)? 

A: No

Q: Is your country a member of the GCC Patent Cooperation Treaty? 

A: No

Q: What are the conditions to register a patent?

A: Patents should be:

  • New;
  • Involve an inventive step;
  • Industrially applicable.

Q: What cannot be registered as patents?

A: The below cannot be registered as patents:

  • Scientific discoveries and theories and absolute mathematical methods that are not industrially applicable.
  • Principals and means of performing purely mental activities in economic or financial fields or in playing games.
  • Methods of medical diagnosis or treatment related to humans or animals but not products or utilities for use in such methods.

Q: If a worker invented a patent, can he register the patent in his name?

A: Inventions resulting from an employment agreement which dictates that the employee's job includes inventive functions, researches, studies or testing on behalf of the employer; shall be owned by the employer. All other inventions shall be owned by the employee. Yet, if the invention took place while the employee was executing his job, or such invention is within the activities of the employer due to information provided by the employer or utilizing of means or technologies related to the employer, then the employer, within one year from publishing the patent in Lebanon, shall be entitled to inform the employee by a written notice his desire to own the rights resulting from the invention or to partially or totally utilize such for a fair compensation either amicably agreed upon or through a Court of Law.

Q: Can the applicant amend an application under process?

A: No

Q: Can the applicant withdraw the application at any time?

A: No

Q: Can a patent search be conducted?

A: No

Q: Can priority be claimed according to Paris Convention?  

A: Yes, within 12 months from the first filing date.

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is the usage of the registered patent compulsory?

A: Yes, the patent must be used in Lebanon within three years from the date of grant; otherwise the patent will be subject to compulsory licensing.

Lebanon Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Resolution No. 2385 of 1924 on Commercial and Industrial Property Rights

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the Madrid Agreement?   

A: No

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Is Apostil Acceptable?

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice classification

Q: Are there any restrictions or limitations on the list of goods?

A: No

Q: Can I register a trademark on class header?

A: Yes

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period or to renew the mark?

A: Yes, but the TMO does not request any proof of use. However any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party re-register the same mark?

A: NA

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, the mark should be registered.

Q: Do you have to include a consideration on the assignment document?

A: Yes

Q: Are there any specific custom procedures in the country?   

A: No

Libya Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

Libya Trademarks FAQ

Q: Which law does the country implement relating to trademarks?

A: Law No. 23 of 2010 pertaining Commercial Activity

Q: Is the country part of Paris Convention?    

A: Yes

Q: Is the country part of the Madrid Protocol?   

A: No

Q: Is the country part of the TRIPS Agreement?   

A: No

Q: Which classification of goods/services does the country adopt?    

A: 11th Edition of Nice Classification

Q: Are there any restrictions or limitations on the list of goods?

A: Yes, the below goods and services cannot be registered:

  • Pork and related products
  • Alcoholic beverages and related products
  • Bar and night club services

Q: Are there any restrictions on the use of the ® and TM symbols?  

A: ® and TM symbols may not be a part of the trademark while filing it, but can be used along with a registered trademark

Q: Can priority be claimed?  

A: Yes

Q: Can colors be claimed?

A: Yes

Q: Can you file a disclaimer in the filing application?

A: No

Q: Can you conduct a search by applicant name?

A: No

Q: Is the certificate issued in paper or electronically?

A: Paper

Q: Is there a requirement of use of mark to maintain the trademark registration throughout the entire valid protection period?

A: No, however any interested third party can file a cancellation action against your trademark registration if the mark was not used for 5 consecutive years.

Q: If the applicant failed to renew the mark, can any third party register the same mark?

A: A mark, which is not renewed, cannot be re-registered in favor of third parties in respect of identical or similar goods or services before the lapse of three years from the date of non-renewal.

Q: Can the applicant withdraw the trademark application at any time?

A: Yes

Q: Can you assign or amend details of a trademark that is under process?  

A: No, any assignment or amendment can be done if the trademark is aacepted.

Q: Do you have to include a consideration on the assignment document?  

A: Yes

Q: Are there any specific custom procedures in the country?   

A: No

Morocco Design FAQ

Is the country part of Locarno agreement?   No
Is the country part of Hague agreement?   No
Is it better to register a 3D Design or an industrial design?   There is no possibility of filing a 3D mark
Is any translation required?   Yes to Arabic or French
For how long is an Industrial Design protected?   15 years
Are there any annuity fees to pay?   Yes every 5 years

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