A Review Of Trademark Regime In Kuwait

Introduction

Kuwait witness a burgeoning level of Trademark Registration over

the last 10 years. Kuwait population is brand conscious and trend

lovers. Ninety percent of the consumer products are being imported,

which makes it a significant market for industrialized nations and

Multinational Companies. It is natural for trademark owners to be

vigilant about effective Intellectual Property Rights enforcement

in Kuwait.

The unprecedented increase in trading activities has also

contributed to the proliferation of counterfeit products as well as

infringing trademarks. Such illegal practices incur huge losses to

genuine trademark owners and the end-users. Certain unfair trade

practices together with lack of an efficient monitoring system have

been the concern of business community. There are some areas where

Government should intervene so as to make the trademark enforcement

system more business friendly.

The Patent and Trademark Office (TMO) under the Ministry of

Commerce and Industry does a commendable job in assisting the

trademark right holders. Recent activities like an ongoing

computerization of the records are a clear manifestation of the

department's commitment to streamline registration process.

However certain governmental policies and practices require urgent

review to project a pro-business image. The most prominent issues

are discussed in this Article.

Trade Name Register

TMO does not provide for separate Trade Name Registration. The

commercial titles are registered in the Commercial Registration

Department of Ministry of Commerce and Industry (as part of the

process of Company registration). However there is no verification

as to whether the name sought by potential entities genuinely

belongs to another business entity. As a result a prospective

registrant can use a well known brand name as part of its

commercial title provided that the name hasn't entered in the

commercial register department records.

In the absence of distinct trade name registration procedures,

it is not legally permissible to challenge infringement of trade

name (unless such trade name is registered as 'trademark').

Consequently a number of well known brands face risk of loosing

their rights over trade names.

Unauthorized trademark registration

There have been cases where local agents or distributors have

managed to register their principal's trademark in their own

name. Since Kuwait follows a 'first-come-first-register'

policy, some unscrupulous agents could prevent the genuine

trademark owners to enter Kuwaiti market. The system lacks measures

to check the authority or rights of agents or distributors to

register...