Kuwait Court of Cassation principle number 1960

The trademark. Its purpose. Distinguishing products and goods. This is achieved through differentiation between the marks used to distinguish a particular commodity so that ambiguity is removed and the consuming public is not confused or misled. - Assessing whether a mark has an identity distinct from others. How this is done. By considering it as a whole, not each of the elements of which it is composed. - Assessing the existence of similarity between two marks such as would deceive the consuming public. A factual matter for the trial court without review. The condition thereof. - The judgment's basing its ruling on the two marks in dispute being similar except for some secondary differences such as would confuse an ordinary member of the consuming public, whereas the facts established by the documents show a difference between the two marks as a whole in terms of letters, shape, and manner of writing, such that, in the totality of their elements, they do not create an impression in the minds of the consuming public that would deceive or mislead them. Defective reasoning that led it into an error in the application of the law, necessitating its cassation.