Kuwait Court of Cassation principle number 1958

Trademark. Its purpose. Distinguishing products and goods. This is achieved by differentiating between the marks used to distinguish a particular commodity so as to remove ambiguity, ensuring that the consuming public is not confused or misled. - Assessment of whether a mark has an identity distinct from others. This must be made by considering it as a whole, not each of its constituent elements. The judgment's conclusion that there is no similarity between the mark registered in the appellant's name and the respondent's mark, based merely on the difference in colour and foreign-language writing in each, its disregard of the remaining elements constituting the two marks, and its deliberate examination of the similarities and differences and whether this would cause ambiguity or confusion for an ordinary person of average care and attention. This vitiates it by an error in applying the law and unsound reasoning and requires its cassation.