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Kuwait: Original Certificates No Longer Required
September 25, 2017
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.
- Counterstatements in response to an opposition can be submitted within 60 days from receipt of notification, instead of 30 days. Also, the deadline to appeal the Registrar’s decision in an opposition has been extended. It is now 30 days from receipt of notification instead of 10 days.
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