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Kuwait: Adopting the Tenth Edition of the Nice Classification

October 13, 2016

The tenth edition of the Nice Classification is expected to enter into force on January 1, 2017 in Kuwait, thus replacing the outgoing eighth edition. The adoption of the 10th edition will not affect trademarks already filed and registered in Kuwait. Upon next renewal, goods and classes affected by this change in formalities should be reclassified accordingly by the Trademark Office.

It is important to note that regardless of which edition of the Nice Classification is being used, the trademark offices across the Gulf Cooperation Council (GCC), which Kuwait is a member of, will depart from the Nice Classification when dealing with items that contradict Sharia law. For example, trademarks covering alcoholic goods and related retail or wholesale services are prohibited. By way of background, the GCC member states are Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates.

The table below offers a general overview on the Nice Classification in the Middle East and North Africa.

Country

Nice Edition Adopted

Member of the Nice Agreement?

Is it possible to claim class headings?

Afghanistan

8th

No

Yes

Algeria

10th

Yes (entry into force: July 5, 1972)

Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.

Bahrain

10th

Yes (entry into force: December 15, 2005)

Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.

Cyprus

10th

No

No

Djibouti

8th

No

Yes

Egypt

10th

Yes (entry into force: June 18, 2005)

Yes

Ethiopia

8th

No

Yes

Gaza

8th; Class 33 & alcoholic goods in class 32 cannot be registered

No

Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.

India

9th

No

Yes

Iran

8th; Class 33 & alcoholic goods in class 32 cannot be registered

No

Yes

Iraq

7th with local sub-classification

No

Yes (an applicant can only claim class headings)

Jordan

10th

Yes (entry into force: November 14, 2008)

No

Kuwait

8th; Class 33, alcoholic goods in class 32, & pork meat in class 29 cannot be registered

No

Yes

Lebanon

10th

Yes (entry into force: April 18, 1961)

Yes

Libya

8th; Class 33, alcoholic goods in class 32, as well as Christmas trees and related products in class 28 cannot be registered

No

Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.

Morocco

10th

Yes (entry into force: October 1, 1966)

Yes

Oman

10th

No

No

Pakistan

8th

No

Yes

Qatar

7th; Class 33 & alcoholic goods in class 32 cannot be registered

No

Yes for all classes except for classes 1, 4 to 7, 10 to 14, 16 to 22, 29, and 31

Saudi Arabia

10th; Class 33, alcoholic goods in class 32, pork meat in class 29, & Christmas trees and related products in class 28 cannot be registered

No

Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.

Sudan

9th; Class 33 & alcoholic goods in class 32 cannot be registered

No

No

Syria

10th

Yes (entry into force: March 28, 2005)

Yes

Tunisia

10th

Yes (entry into force: May 29, 1967)

Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.

Turkey

10th

Yes (entry into force: January 1, 1996)

Yes

United Arab Emirates

10th; Class 33 & alcoholic goods in class 32 cannot be registered

No

Yes

West Bank

8th

No

Yes, provided that the headings are specified. Using the phrase “all goods/services in the class” is not acceptable.

Yemen

8th; Class 33 & alcoholic goods in class 32 cannot be registered

No

Yes

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