Kuwait Update – Power of Attorney for each TM Application Effective April 5, 2019

In accordance with circular number 2 for the year 2019, the Patent and Trademark Office in Kuwait has announced that effective April, 5, 2019; the Power of Attorney (POA) for trademark matters should include the following:

1. POA is a mandatory document that must be submitted at the time of filing the TM application, otherwise the application will be rejected. Each POA must be notarized and legalized by the Kuwaiti Embassy in the applicant’s country, and translated into Arabic;

2. POA should include the following information for the agent or firm: Name, nationality, address, service description, terms & conditions, service location, POA duration and renewal agreement, expiration & cancellation policy;

3. Each TM application requires a separate POA to be submitted in relation to filing, appeal, registration and the issuance of the TM certificate;

4. A new POA must be submitted for TM renewal, change of name/address, and assignment (and other recordal) prosecution procedures;

5. POA cannot be valid for longer than 10 years, and can be renewed within 6 months of its expiration.

It is important to note that each trademark, even if belonging to the same applicant will now need its own POA.