Kuwait Court of Cassation principle number 4067

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