YEMEN- New deadline stipulations for trademark prosecution
In pursuant to Ministerial resolution No. 20 dated 18 March 2018 in regard to setting up deadlines (time frames) for the prosecution of trademarks it has been decided that:
- Trademark applications suspended for 12 consecutive months from filing date by applicant or his agent due to non-payment of publication fees or failure in completing filing formalities or any other reason caused by applicant shall be considered abandoned and as never existed.
- Accepted trademarks with conditions or rejected trademarks by Registrar or Appeals Committee which applicant or his agent fails to complete registration process within 12 consecutive months from date of decision shall be considered abandoned and as never existed.
- Applicant or his agent’s failure to complete publication formalities of an accepted trademark in sixty days from notification of acceptance will result in the abandonment of trademark which will be considered abandoned and as never existed.
- Applicant of a trademark application will be given ninety days from expiry of opposition term to receive opposition plea in order to file a response to same; otherwise trademark application will be considered abandoned and as never existed.
- This decision is applied to all the pending applications filed before or after the date of this decision which has come into effect on 18/3/2018.
KUWAIT- Change in filing formalities after the adoption of online system
As of 1 April 2018 the Kuwait Trademark Office has upgraded its system and undertaken the necessary procedures towards switching filing trademarks to a completely online system and as such the documentary requirements will now be fulfilled online by uploading the same and originals of which should be submitted for verification within three months though the Kuwaiti Trademark Registrar is not strict in applying this deadline. The earlier practice of filing trademarks without the presence of the original documents have been discontinued even if there is a priority claim with an imminent deadline. Pursuant to this new system statement of goods/services should be selected from the Nice Classification, 11th edition noting that there will be no additional cost for selecting a large number of items of goods or services to be included in the trademark application and class heading is no longer applicable and copies the filing document should be available on time of filing which are as follows:
- A PDF copy of power of attorney legalized up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in home country of Applicant Company; the original of which should be submitted within three months though the Kuwaiti Trademarks registrar is not strict in applying this deadline.
- A simple PDF copy of the certificate of incorporation or an extract of the applicant entry in the commercial register or any equivalent document attesting to the legal existence of the applicant company (neither legalization nor original is required).
- A certified copy of the corresponding home or foreign registration/application (priority document) legalized up to a Kuwaiti Consulate abroad or in its absence any Arab consulate available in home country of Applicant Company in case of claiming priority; the original of which should be submitted within three months though the Kuwaiti Trademarks registrar is not strict in applying this deadline.
KUWAIT- PCT national phase entries start
Kuwaiti Patent Office started to accept filing of Patent Cooperation Treaty (PCT) applications designating Kuwait and entering into the national phase, as of March 27, 2018 noting that the PCT came into force in Kuwait on September 9, 2016 following three months of depositing its instrument of accession with the World Intellectual Property Organization (WIPO). According to the announcement of the Kuwait Patent Office, the time limit to file a PCT application in this jurisdiction is 30 months from the priority date if PCT application is filed with priority claim or 18 months from the international PCT application’s filing date. It is declared in the Kuwaiti Patent Office announcement that the only document required for filing PCT applications is a power of attorney legalized up to a Kuwait consulate abroad or in its absence any Arab consulate in the home country of applicant company as per the practice of Kuwaiti IP authorities.
We shall follow up the matter with the Kuwaiti Patent Office for further details about the procedures, requirements and fees which will be provided soon.
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