Trademark Registration in Kuwait : Know the Registration Steps and Procedures
Trademark registration in Kuwait is a crucial step for establishing a company and conducting commercial activities. It gives your products or services a distinctive identity and protects them legally, helping you stand out among competitors. Below are the key requirements, procedures, fees, and documents needed to register a trademark and obtain the official certificate.
1. Steps to Register a Trademark in Kuwait
- Visit the Ministry of Commerce and Industry headquarters and proceed to the Trademarks and Patents Registry Department.
- Submit a trademark registration application to the competent department if you have a local presence in Kuwait.
- Alternatively, file the application through a duly authorized agent headquartered in Kuwait and registered with the official list of trademark agents.
- Ensure the application includes:
- A clear reproduction of the mark to be registered.
- Applicant’s full name, address, and nationality.
- A precise description of the goods and/or services covered by the trademark.
- The application must be signed by the applicant, the authorized agent, or their legal representative.
- The Registry Department will conduct a substantive examination within 90 days from the filing date, issuing either approval or refusal.
- The decision (approval or refusal) will be communicated in writing or electronically to the address provided in the application.
- Pay the prescribed registration fees within 30 days of receiving the notice of approval; failure to do so will be deemed a withdrawal of the application.
For expert legal support, contact Abdulaziz Al-Subaie Law Firm & Legal Consultancy at 50766923.
2. Online Trademark Registration in Kuwait
You can complete your trademark registration electronically by following these steps:
- Access the Ministry of Commerce and Industry’s official website and select the “Online Trademark Registration” portal.
- Settle all registration fees (currently 240 Kuwaiti Dinars).
- Ensure you are registered on the “Hawiyati” identity application.
- Upon submission, the trademark undergoes an intellectual property rights examination. Once approved, it is published in the official gazette (Kuwait Today).
- After publication and lapse of the opposition period, you will receive your registration certificate, enabling you to pursue international trademark protection.
3. Documents Required for Online Registration
- Completed trademark registration form.
- Twelve (12) clear reproductions of the trademark.
- Copy of the commercial license.
- Copy of the commercial register.
- Power of attorney, duly signed and legalized.
4. Conditions for Trademark Registration in Kuwait
- Application must be filed by the business owner, their duly authorized legal agent, company director, or their deputy.
- Foreign applicants must appoint a local agent to file the application.
- The mark must comply with the standards set out in the Kuwaiti Trademarks Law and its Executive Regulations.
- No identical or confusingly similar trademark may already be registered.
- Fees must be paid within 30 days of the acceptance date.
- If no opposition is filed within 60 days after publication, the registration becomes final.
- Each application covers a single class of goods or services; additional classes require separate applications.
- In case of multiple applications for the same mark, processing is suspended until one party withdraws or a final court ruling is issued.
For detailed conditions, call Abdulaziz Al-Subaie Law Firm & Legal Consultancy at 50766923.
5. Additional Papers Required for Trademark Registration
- Four (4) reproductions of the trademark, matching the registered specimen.
- Original, legalized power of attorney if an agent is appointed, with certified Arabic translation.
- Proof of commercial activity.
- Payment slip for the application fees.
- For sound marks: a written description or musical notation.
- For scent marks: a detailed written description.
Contact Abdulaziz Al-Subaie Law Firm & Legal Consultancy at 50766923 for a comprehensive checklist and legal guidance.
6. Frequently Asked Questions
Q: How do I obtain a commercial license in Kuwait? A: You must submit:
- A copy of the applicant’s Civil ID.
- A completed application form for a commercial license.
- A bank certificate of capital deposit.
- Payment receipt for the prescribed fees, in accordance with the chosen business activity.
Q: How can I apply for a commercial license in Kuwait? A: Call Abdulaziz Al-Subaie Law Firm & Legal Consultancy at 50766923; a specialist lawyer will guide you through every step until the license is issued.
Q: What are the types of commercial licenses in Kuwait? A: These include:
- Shareholding companies.
- Limited liability companies.
- Sole proprietorships.
- Industrial licenses.
- Construction licenses.
Q: What is the difference between a trade name and a trademark? A:
- A trade name is the legal identity of a company, registered in the Commercial Register.
- A trademark is a symbol, logo, or design that distinguishes a company’s goods or services, registered in the Trademarks Register to secure exclusive rights.
For professional end-to-end trademark registration services in Kuwait—including strategic brand advice, document preparation, and legal representation—contact Abdulaziz Al-Subaie Law Firm & Legal Consultancy at 50766923.