Kuwait Court of Cassation principle number 2208

Multiple applications submitted to register identical or similar trademarks for the same products. Registration priority is given to the application preceding the others in filing date, while ownership of the trademark belongs to whoever first used it. - Registration of a trademark. A rebuttable presumption of ownership of the trademark. Its consequence: the burden of proving ownership rests upon whoever disputes the registrant's ownership. Registration coupled with continuous use of the trademark for five years from the date of registration, while a person able to dispute its ownership refrains from bringing an action. Its necessary consequence. A conclusive legal presumption of ownership of the trademark by its registrant. An example.