Cancellation of the trademark registration is carried out in accordance with the provisions of the Trademarks Law of the Cooperation Council for the Arab States of the Gulf and its executive regulations in each of the GCC countries).
Trademark registration Cancellation
The Trademarks Law of the countries of the Cooperation Council for the Arab States of the Gulf permits the competent authority and any interested party to resort to the court to request a ruling to cancel a trademark that has been illegally registered, and the competent authority shall cancel the registration when a final judgment is submitted to it.
The court, upon the request of any interested party, may order the cancellation of the registration if it is established that the mark has not been seriously used for five consecutive years, unless the owner of the mark provides a justification for its non-use.
Request to cancel the registration
The Trademarks Law of the Gulf Cooperation Council states has given the Kuwaiti trademark owner the right to request the competent authority to cancel the trademark registration from the trademark register, whether for all goods or services for which the trademark was registered or only for a part of it and procedures stated.
If the trademark is licensed to be used in accordance with a contract indicated in the trademark register, the registration of this trademark may not be written off except upon the written consent of the licensee, unless the beneficiary expressly waives this right of this license.
Details of de-registration announcement
The Trademark Law Regulations of the Cooperation Council for the Arab States of the Gulf require that the declaration of cancellation of the trademark registration include the following data:
- Brand image
- Registered trademark number
- The name and nationality of the trademark owner
- Reason and date of cancellation of registration
If the cancellation is at the request of the trademark owner, it must be submitted on the form prepared for this purpose, after paying the application fees and publishing costs, provided that the mark is registered and in force.
In the case of canceling the registration of a trademark, it may not be re-registered for the benefit of others for the same goods or services or for similar services or goods except after the lapse of three years from the date of cancellation unless the cancellation was made on the basis of a court ruling in which case it may stipulate Judging by a shorter term.
Announcement of cancellation of trademark registration
The Trademarks Law of the Cooperation Council for the Arab States of the Gulf requires the announcement of the cancellation of the trademark registration or its renewal by any means of publication, as determined by its implementing regulations.
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