Requirements

Kuwait Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be notarized and legalized.
Deed of assignment if the applicant is not the designer.
A certified copy of the priority document in case claimed.
Copy of the commercial certificate document is required.

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 Patents Process

Patent Registration: 

  • Kuwait is just a filing system for now, where you only file the application, no examination, publication, or granting of patents is being completed yet. However the Law outlines the examination, publication, and granting pf patents as below:
  • The application will be formally examined to check if all the required documents were submitted and will issue a decision of:
    • Incomplete formalities: the Examiner will give the applicant 90 days from the official notification date to fulfill all requirements, otherwise the application will be considered withdrawn.
    • Complete formalities: the Examiner will give the applicant 90 days from the official notification date to settle the substantive examination fees, otherwise the application will be lapse.
  • Once the application is substantively examined, the Examiner will issue a decision of:
    • Reject the application: if the requirements were not met or the patent is non-registrable. The decision will be published.
    • Accept the application: the applicant has to settle the publication and registration fees to publish the application in the official gazette within 90 days from the official notification date; otherwise the application will lapse
  • Any interested third party can oppose the said application within 90 days from the date of publication.
  • If the application passes the publication period successfully, the certificate of registration will be issued.
  • The protection period of a patent is 20 years, from the filing date of the PCT application, or the national patent application based on Paris Convention.

 

Patent Annuities: 

  • A patent is protected for 20 years from the filing date.
  • No annuities are being collected for now as well by the ministry. However, the law set up the below regulations for settling annuities:
    • Annuities should be settled at the beginning of each year starting from the second year of filing the national application according to Paris Convention until the termination of the patent protection duration.
    • A 3 months grace period is granted to settle the annuities without late penalty fees. However, an additional 3 months grace period is granted subject to late penalty fees if the applicant fails to settle the annuity within the first grace period.

Kuwait Patents Requirements

Patent Registration:

  • Applicant name and address.
  • Inventor(s) name and address.
  • Patent Abstract in English and Arabic language should be submitted upon filing.
  • Patent claims in English and Arabic language should be submitted within 90 days from filing date.
  • Patent Specifications in English should be submitted upon filing.
  • Patent Specifications in Arabic should be submitted within 90 days from filing date.
  • Certified copy of the priority document translated to Arabic should be submitted within 90 days from filing date.
  • Power of Attorney (POA): Original should be notarized and legalized at the Kuwaiti embassy and submitted within 90 days from filing date.
  • Certified copy of the certificate of incorporation or an extract from the commercial registry legalized at the Kuwaiti embassy if the applicant is a company or a copy of the applicant’s passport if the applicant is an individual, submitted within 90 days from filing date.
  • Deed of Assignment (DOA): signed by the inventor(s), notarized and legalized at the Kuwaiti embassy, and submitted within 90 days from filing date.

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

Kuwait Trademarks Process

Trademark Registration: 

  • The registration process takes 6 months to be completed.
  • A separate application should be filed for each class.
  • The application will be examined by the TMO within a period of 1 month. After the end of the examination period, the TMO will issue a decision to either:
    • Accept the application, the publication fees should be settled within 30 days from the official notification date, otherwise the application will be considered withdrawn.
    • Reject the application, you may appeal the decision within a period of 60 days from the official notification date, otherwise the application would be considered withdrawn.
  • Any interested third party can oppose the publication of the trademark application within 60 days from the date of publication. The applicant has 30 days from the official notification date to file a reply to the opposition, otherwise the application will be considered withdrawn.
  • The applicant has 30 days from the end of publication period date to settle the registration fees, otherwise the application will be considered withdrawn.
  • The certificate of registration will be issued within 1 week from the date of settlement of registration fees.
  • The trademark's registration is valid for 10 Gregorian years, starting from the filing date, and renewable for similar consecutive periods.

Trademark Renewal: 

  • The renewal process takes 1 month to be completed.
  • A separate application should be filed for each class.
  • The renewal application should be filed within the last year of the valid protection period.
  • A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal, however it is subject to late penalty fees.
  • A change of agent should be filed and recorded prior to filing the renewal to ensure formality requirements are met.
  • The renewal will be recorded in the TMO database directly at time of filing of renewal and the certificate will be issued within 1 month.
  • The renewal certificate will be published in the official gazette for informative purposes only; No one can oppose the said publication.
  • The trademark renewal is valid for another 10 consecutive Gregorian years starting from the expiry of the previous protection period.

Trademark Change of Name and/or Address: 

  • The recordal of change process takes 1 month to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • The change certificate will be issued following filing the change application.
  • The change will be published in the official gazette for informative purposes only; No one can oppose the said publication.

Trademark Assignment: 

  • The assignment process takes 1 month to be completed.
  • A separate application should be filed for each class.
  • A change of agent should be filed in order to ensure formality requirements are met.
  • The assignment certificate will be issued following filing the assignment application.
  • The assignment will be published in the official gazette for informative purposes only; No one can oppose the said publication.

Kuwait Trademarks Requirements

Trademark Registration:

  • Copy of the mark.
  • Applicant info (name, address, and nationality).
  • A list of the goods to be covered by the application (Classes) should be chosen from the goods and services available locally (refer to attached list) - translated to Arabic.
  • Power of Attorney (POA): Original should be notarized and legalized at the Kuwaiti embassy and subsequently locally legalized and submitted at filing.
  • A copy of the commercial certificate translated to Arabic is required at filing. 
  • A certified copy of the priority document translated to Arabic within 60 days of filing in case claimed.

Trademark Renewal:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Power of Attorney (POA): Original should be notarized and legalized at the Kuwaiti embassy and subsequently locally legalized and submitted at filing.
  • The original trademark registration certificate.
  • A copy of the commercial certificate translated to Arabic is required at filing.

Trademark - Change of Name and/or Address:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the change specifications. 
  • A document proving the change of name and/or address translated to Arabic notarized and legalized at the Kuwaiti embassy and subsequently locally legalized and submitted at filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the Kuwaiti embassy and subsequently locally legalized and submitted at filing.
  • The original trademark registration certificate.
  • A copy of the commercial certificate translated to Arabic is required at filing.

Trademark Assignment:

  • Details of the mark.
  • Applicant info (name, address, and nationality).
  • Details of the assignment specifications. 
  • An assignment document translated to Arabic translated to Arabic notarized and legalized at the Kuwaiti embassy and subsequently locally legalized and submitted at filing.
  • Power of Attorney (POA): Original should be notarized and legalized at the Kuwaiti embassy locally legalized and submitted at filing.
  • The original trademark registration certificate.
  • A copy of the commercial certificate translated to Arabic is required at filing.

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 Design Process

One application can cover several designs. 
The process from filing to issuance of certificate is for a period of 15 working days.
No annuities 
The design registration is valid for 25 years. 
Renewal is allowed once for 25 years. 

Lebanon Design Requirements

Summarized description of the design.
Applicant info (name and address).
Power of attorney (POA): Original should be notarized and legalized
Deed of assignment if the applicant is not the designer.
A certified copy of the priority document in case claimed should be provided within 60 days of filing date.
Copy of the commercial certificate document is required.

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