The Kuwait Court of Appeal ruled that 3D design marks are capable of registration. The Court determined that the applicant’s mark was not an industrial design as argued by the Ministry of Commerce and Industry (“MOCI”), but rather that the mark was a drawing of a conic form, which qualified for registration as a trade mark and which had been registered as a trade mark in other jurisdictions. The Court of Appeal said that there was no basis at law or in fact which justified the appeal of the Administrative Court decision by the MOCI. The applicant relied on arguments that the trade mark could be described as a device, drawing, or pictorial element, which is used or intended to be used to distinguish goods or products as a source-identifier of the brand owner, as specified under Article 61 of the Kuwait trade mark law. (case No. 2142/2013 Administrative/3, Court of Appeal Circuit: Third Administrative Circuit)
