The phrase “all goods/services in the class” is interpreted differently across the region, both procedurally and practically. While some trade mark offices accept it as a means of securing broad coverage, others continue to favour more itemised and granular specifications. As a result, it is essential to assess the position on a jurisdiction-by-jurisdiction basis.
In many jurisdictions, including several GCC countries, trade mark filing systems operate on predefined lists of goods and services. Applicants are required to select items strictly from these lists, and any terms falling outside them cannot be accepted. In practice, this creates challenges when the exact or closest suitable terms are not included.
Depending on the client’s commercial needs and protection strategy, one option may be to select a wider range of relevant items within the class. In some cases, broader terms may also be considered as a way to address gaps in the predefined lists. This approach must be aligned with the client’s actual use and business objectives. These considerations can be particularly relevant in jurisdictions where partial cancellation for non-use is not available, and where there may be a concern around maintaining broader coverage over time.
This article focuses on Kuwait, where the system operates differently. In certain cases, and due to system limitations, the wording “all goods/services in the class” may be used as a practical mechanism to achieve the intended scope of protection. This should not be viewed as a preferred or standard approach, but rather as one driven by the local filing framework and the requirements of the specific case.
In Kuwait, trade mark specifications are governed by a system that differs in practice from other GCC jurisdictions such as Saudi Arabia. While both countries rely on predefined lists of goods and services, each Trade Mark Office applies its own version of the Nice Classification and corresponding predefined terms.
In Saudi Arabia, applicants are able to select individually, all goods and services from the predefined list within each class to achieve broader coverage. Kuwait, however, applies a more restrictive system in practice. The Kuwaiti system does not allow the same level of itemised selection, leading to a different approach where applicants wish to cover all items within each class. Instead, it provides a specific filing option under the wording “all goods/services in the class”. In practice, this is the only available mechanism to achieve full class coverage in Kuwait.
While the wording differs from a traditional itemised specification, the effect is understood to be broadly equivalent in practice. The current position confirmed locally is as follows:
The Kuwaiti approach reflects a system-driven constraint rather than a strategic limitation. While in Saudi, applicants may achieve broad coverage by selecting all items individually from predefined lists, in Kuwait this outcome is achieved through a single standardised phrase.
From a practical perspective, this creates a difference in form rather than substance. However, it also raises interpretative questions, particularly in a regional context, around how broadly such wording may be understood and enforced compared to itemised specifications.
It is therefore important for rights holders and practitioners to recognise that in Kuwait, full class coverage is not demonstrated through a detailed list of goods and services, but through reliance on this standardised wording mechanism.
The Kuwaiti approach highlights an important regional distinction in how class-wide protection is implemented in practice. While the concept of “all goods/services in the class” continues to be interpreted differently across jurisdictions, in Kuwait it represents the most effective and accepted method for securing full protection within the current filing framework.
Understanding these nuances is key to ensuring a consistent and commercially aligned portfolio strategy across the GCC, while avoiding unnecessary discrepancies in specification drafting and interpretation.
Should you require any assistance in Kuwat or need to identify practices in other GCC countries, please feel free to contact Rouse at tmgdubai@rouse.com.
