Anyone who forges a registered mark, or imitates it in a way that misleads the public, and anyone who knowingly uses a forged or imitated mark, is punishable by imprisonment and a fine of up to six hundred Kuwaiti dinars, or either penalty.
Anyone who forges a trademark registered under the law, or imitates it in a way likely to mislead the public, and anyone who in bad faith uses a forged or imitated mark, is punishable by imprisonment and a fine not exceeding six hundred Kuwaiti dinars, or by either of the two penalties.
Forgery versus imitation
Forgery is copying the mark as it is. Imitation is making a mark similar enough to confuse an ordinary consumer. Both are offences, as is using a mark while knowing it is forged or imitated.
What to do
- Register your trademark first. Criminal protection attaches to registered marks.
- When you discover an imitation, document the products and where they are sold before filing a complaint.
Articles here are general legal information for public awareness and are not legal advice on any specific matter. Every case has its own facts, and any decision needs a full review of your file.
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