The penalty for forging or imitating a trademark

Attorney Mohammad Jasem Al-Randi Commercial law

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.
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