General Information
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Type of Trademarks: |
Names, Words, Signatures, Letters, Figures, Drawings, Logos, Titles, Hallmarks, Seals, Pictures, Engravings, Packs, Photographic elements, Shapes, Colors or Mixture of colors, Marks or group of marks if used or intended to be used either to distinguish goods, products, services, sounds, odor. |
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Type of Applicant: |
Company, Individual or jointly. |
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Registrable Elements: |
Character, Chinese characters, Three-dimensional shape, Figure Sign, Claiming colour, Claiming priority or Combination of colours, Sound, Motion, Hologram, Position, Scent, Taste. |
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Term of Protection: |
10 Years from filing date and renewable for 10 years within 12 months before expiry or 6 months after expiry with surcharge. |
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Priority Deadline: |
6 months from the priority application filing date. |
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Classification: |
10th edition – single class application. Class 33, alcoholic goods in class 32, and pork meat in class 29 cannot be registered (Class 33, alcoholic goods in Class 32, pork meat in Class 29, what is against public order and products related to Christmas trees cannot be registered). |
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Search: |
Not Applicable. (Unofficial Only) |
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Examination: |
Formal, Substantive, Relative grounds and Absolute grounds. |
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Recordation Applicability : |
Registrations. |
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Time Frames (Up To): |
Search: 5 working days. Registration: 8 months - Filing to Examination decision 3 months - Examination decision to Publication 2 months - Publication Opposition Period 2 months - Registration to Certificate Issuance 1 month Renewals: 4 months. Recordation: 4 months. Appeal: 4 months. Opposition: 4 months. |
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Declaration of Use: |
Not Required. |
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Consent and Disclaimers: |
Acceptable to overcome refusal. |
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Cancellation Action: |
Applicable for Unlawful registration, Non-use for a period of consecutive 5 years from the filing, Registration date before the Administrative Authorities. |
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Infringement Measures: |
Prevention of importation/exportation goods by Customs, Raid, Injunction, Damages, Fine and Imprisonment. |
Filing Requirements:
• Power of Attorney duly legalized up to the Consulate of Kuwait. (Required at the time of filing)
• Simple copy of the certificate of incorporation or Extract from the Commercial Register.
• Certified copy of the priority document duly legalized as above, if priority is claimed. (May be submitted within 90 days from the filing date)
Renewal Requirements:
• Power of Attorney duly legalized up to the Consulate of Kuwait. (Required at the time of filing in case we are not the agent of record).
Assignment Requirements:
• Power of attorney signed by the assignee duly legalized up to the Consulate of Kuwait.
• Deed of assignment signed by both parties duly legalized as above.
License Requirements:
• Power of attorney signed by the licensee duly legalized up to the Consulate of Kuwait.
• License agreement signed by both parties duly legalized as above.
Merger / Mortgage Requirements:
• Power of Attorney duly legalized up to the Consulate of Kuwait.
• Certificate of merger / mortgage duly legalized as above.
Name / Address Requirements:
• Power of Attorney in the new name/address duly legalized up to the Consulate of Kuwait.
• A certificate issued by the competent authorities evidencing the changes or an affidavit proving the changes duly legalized as above.
Appeal / Opposition Requirements:
• Power of Attorney duly legalized up to the Consulate of Kuwait. (Required at the time of filing)
• Any document to show prior use in the stated jurisdiction or neighbouring countries.
• Brief history of the applicant’s company including list of registrations along with copies of the same in the stated jurisdiction or neighbouring countries.
• The date of first use and registration worldwide and in the stated jurisdiction or neighbouring countries.
• Extracts from bills/invoices, etc., from the year of inception of the company.
• Sales turnover from inception up to date in the country of origin and in the stated jurisdiction or neighbouring countries.
• Any additional helpful documents (ex. Distribution agreements, local advertisements, local newspapers, magazines, etc.) evidencing the use and existence of the mark worldwide and in the stated jurisdiction or neighbouring countries.