Kuwait has updated its system and switched from manual filing of renewal applications to online filing. However, the transfer of data to the online portal is not yet complete. Agents will need to coordinate with the Kuwaiti Trademark Office to complete the trademark details in the portal when filing the renewal request online. Source: JAH & Co., IP, Qatar
Pursuant to new procedures adopted at the Trademark Office in Kuwait, the TMO will be issuing separate certificates for renewal and recordal matters, which include changes of name or address, assignments, and mergers. Previously, the TMO requested the filing of the original trademark registration certificate for the endorsement of any recordal. This update comes in light of a number of substantial procedural changes that entered into force in Kuwait after approving the Implementing Regulations of the Gulf Cooperation Council Trademark Law. These changes are: The opposition period was modified and is no longer end 30 days from the third publication in the Official Gazette. The opposition period is now 60 days from publication date, bringing the procedure more in line with international standards. A legalized Certificate of Incorporation or an Extract from the Commercial Register must be submitted in support of a trademark application. A certificate of home or foreign registration/application is no longer a requirement. The Certificate of Incorporation or an Extract from the Commercial Register may be used for subsequent filings. Notices for renewal, as well as notices for the recordal of assignment, change of name, and change of address will be published in the Official Gazette; this was not the case in the past. Source: SABAIP
The PCT (Patent Cooperation Treaty) has now 151 contracting states after the recent accessions of Kuwait (KW) since September 9, 2016, Djibouti (DJ) since September 23, 2016, and Cambodia (KH) which will become effective on December 8, 2016. The accession of Kuwait means that all GCC member states are now bound by the PCT.
Kuwait became the 149th member of the Patent Cooperation Treaty (PCT) on June 9, 2016, and the sixth and final Gulf Cooperation Council (GCC) member state to accede to the PCT. Accordingly, Kuwait became bound by the PCT applications as of that date. Source: Sabaip.com
The trademark authorities of Kuwait have issued an official notification stipulating that all new renewal applications filed in this jurisdiction must be accompanied by the original registration certificate at the time of renewal. A certified copy of the registration certificate can be used for the renewal purpose if the original registration certificate is not available. The prior practice allowed the renewal application to be filed separately with the original documents submitted at a later date.
A new law was voted and published by Kuwait’s Council of Ministers on March 27, 2016 which paves the way for the country’s accession to the Patent Cooperation Treaty. Kuwait realizes that a developed and advanced IP system is a fundamental step towards strengthening its economic growth. The date of accession and when the Treaty will go into force are yet to be determined.
Effective January 1, 2016, the Official Fee for filing a trademark is now USD 264 for one class. The new Official Fees will cover all trademark matters filed subsequent to January 1, 2016, as well as retroactively for pending trademark applications with respect to their publication and registration fees. The new fee for publication and registration is USD 1,586.
Official fees for trademarks increased in Kuwait effective January 4, 2016. The new rates constitute a marked increase over current levels, and will be applicable for both new and pending applications.
The official fees for trademark registration are expected to increase dramatically and are likely to be effective as of December 21, 2015. The current filing and registration fees for a trademark are $24 USD and $58 USD respectively; the new fees are expected to increase to $264 USD (for filing) and $1,586 (for publication and registration).