Trademark Registration in Bahrain
Trademark Registration in Bahrain: The Kingdom of Bahrain is a member of the Paris Convention for the Protection of Industrial Property. Starting June 2007, claiming priority has become possible. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Bahrain and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of July 1, 2005. A separate application is to be filed for each class of goods or services. Once a trade/service mark application is filed, the trademark is examined as to its registration. Trademark applications accepted by the Registrar are published in the Official Gazette. There is a 60-day period open for filing an opposition by any interested party.
Trademark Registration in Bahrain
Trademark Registration in Bahrain: The Kingdom of Bahrain is a member of the Paris Convention for the Protection of Industrial Property. Starting June 2007, claiming priority has become possible. The International Classification of Goods and Services for the Purposes of the Registration of Marks under the Nice Agreement is followed in Bahrain and the revision of class 42 with the creation of classes 43 to 45 has been adopted as of July 1, 2005. A separate application is to be filed for each class of goods or services. Once a trade/service mark application is filed, the trademark is examined as to its registration. Trademark applications accepted by the Registrar are published in the Official Gazette. There is a 60-day period open for filing an opposition by any interested party.
What is a Trademark?
A trademark is typically a brand name that is used in business as an identification sign to distinguish the goods or services from other companies. A trademark could be a name, words signatures letters figures, pictures, signatures, colors, words, slogans, software, application, website, shape, or combinations of any of these.
What is a trademark class system?
Trademarks are registered under a ‘class’ system in Bahrain. Each trademark class covers different products and services. There are 45 international classes and it is possible to register trademarks in 44 classes in Bahrain. A separate application is required for the registration of a trademark in each class. It may be costly and unnecessary for you to register your trademark in classes that are not relevant to your goods or services. Thus, choosing the correct class is critical for necessary protection and avoiding unnecessary costs. Al Raqeem takes this responsibility when filing your application.
What are the benefits of trademark registration?
You will enjoy the following main benefits by registering your trademark:
- Protect your business identity
- Protect you against others using the same or similar marks
- protects you against confusion with others who trade in the same industry but have a bad reputation
- It’s a valuable asset: it can be licensed, franchised, or sold
Difference between a trademark and other IP
A trademark is only one form of intellectual property and is typically associated with logos and brand names. The other forms of intellectual property that can be protected by companies are:
- Patents: These are used for new technology, inventions, ideas, processes, and methods
- Copyrights: These are used for literary, artistic, dramatic works, musical works, or computer software
- Industrial Designs: These are used for shapes, patterns or ornamentation applied to industrially produced objects
The protection period of a trademark is 10 years from the date of application in the Kingdom of Bahrain. If the proprietor wishes to continue with protection for several similar periods, a renewal application can be filed during the last year of each protection period.
1) Comprehensive Trademark Search
A comprehensive Trademark search is not legally mandatory in Bahrain. However, the brand owners can conduct a comprehensive study before registering their trademarks in Bahrain to avoid potential conflicts with other trademarks that are already registered. Trademark agents in Bahrain conduct searches for the official trademark registry and also on the internet to determine whether or not the potential trademark is identical or confusingly similar to other registered trademarks. Conducting a trademark search in Bahrain would allow the brand owners to avoid opposition from third parties and also prevent delays in the trademark registration process.
2) Trademark Filing
After ensuring that the trademark is not in conflict with the existing trademarks the brand owners can file an application to register their trademarks in Bahrain. Bahrain allows two types of trademark registration process: one is for the nationals and the other for the foreigners. The Bahraini nationals can file for trademark registration at the Trademark Office in the Industrial Property Directorate. The foreigners are required to submit the application through Intellectual Property firms or trademark agents in Bahrain.
3) Trademark Online Filing in Bahrain
Bahrain has launched an online portal for trademark registration through which citizens, residents, and trademark agents can file for registration of trademarks. The online portal can also be used to file an opposition against the trademark application.
4) Trademark Filing under Nice Classification
The applicants should file their trademarks under relevant classes of goods and services as per the NICE Classification. The applicants are not allowed to perform multi-class filing of trademarks in Bahrain and they need to file a separate application for each class.
5) Trademark Examination
After filing the trademark registration application, the Trademark Office will examine the application. The applications will be reviewed to see if the same or similar trademark has been already registered or applied by another party. The Trademark Office will also review if the application has met all the requirements as per the Trademark Law. In case the requirements are not met, the examining official will raise an objection to the mark.
6) Publication in the Official Gazette
If all the conditions are met, then the mark will be accepted for registration. In the next step, the trademark will be published in the Gazette of the Patent and Trademark Office. There is a 60-day opposition period during which any interested party can file an objection to the trademark. If there is no objection, then a registration certificate will be issued by the Industrial Property Directorate of Bahrain.
Required Documents and Prerequisites for Trademark Registration Bahrain
- A soft copy of the trademark in the form of a JPEG.
- A Power of Attorney signed by the applicant of the trademark. It must be notarized by a Notary Public and legalized in Bahrain or any other Arab consulate in the applicant’s country.
- A completed trademark search or registration order form along with goods and services listed within the limit of 6 lines.
- A certified copy of the priority document when it was claimed.
- A certified copy of the home registration or any foreign registration of the trademark (with the exception of banned or boycotted countries). In case of unavailability of the registration certificate, one of the following documents can be used:
- Certificate of incorporation of the applicant’s company
- Certificate issued by the Registrar of Companies
- Extract of the entry of the applicant company in the Commercial Register
- Certificate issued by the Chamber of Commerce.
FAQs
The “first to file” principle is applicable in Bahrain. Registration is mandatory in order to secure trademark rights.
The national office for trademark registration is not accessible online.
No. The applicant is not required to use the mark or to have intention to use the mark prior to filing of application.
Yes. Opposition to trademark application is available based on the following reasons:
- Earlier registered right or proprietary right
- The descriptive, misleading, functional, deceptive, or generic mark
- Use of religious symbols
- Non-distinctive mark
- Violation of the right to a personal name
- Violation of rights under Article 6bis, Article 6ter, Article 6septies, and Article 8 of the Paris Convention
- Marks that are against moral principles
- Marks that are contrary to public order
- Use of degree of honor without proof of eligibility
- Use of third party photos, names, or logos without written consent
- Use of geographic indication
- Application in bad faith
Any interested party or aggrieved person may oppose an application or registration.
Yes. Registration for a trademark can be canceled on these grounds:
- Proprietary rights
- Personal name rights
- Article 6ter of the Paris Convention
- Article 6 septies of the Paris Convention
- Article 8 of the Paris Convention
- Generic mark
- Non-distinctive mark
- Misleading or deceptive mark
- Functional mark
- Descriptive mark
- Mark with geographical indication
- Marks that are against principles of morality
- Marks that contradict public order
Yes. The following rights are obtained by the trademark owner after registration:
- Exclusive right to use the mark
- Right to appeal against subsequent conflicting applications
- Right to appeal for the cancellation of later conflicting registrations
- Right to file a legal case against third parties for infringement
- Right to demand compensation from third parties for infringing the mark
- Right to appeal for seizure of counterfeit goods
The opposition period starts on the Gazette publication date and will end 60 days after that date.
Yes. Bahrain is a signatory of the Madrid Protocol.
No. Period statements of use and other similar documentation are not required.
Yes, it is highly recommended to register a trademark even though it has the most prior use in Bahrain, as registration will reinforce the position of the right holder in case of litigation.
No, series mark applications are not available.
Yes, Bahrain adopts the 11th edition of the NICE International Classification of Goods & Services.
both absolute and formal grounds
Yes, according to the current practice a trademark is protected exactly as it is registered. Therefore, it is advisable to secure registered trademark protection in both Latin and Arabic characters to be considered as legally valid use.
According to the current practice, a trademark will be protected exactly as it is registered. Therefore, registration of a trademark in black & white will be protected in black & white only and no protection is granted in colors. The same also applies on the vice versa issue, i.e. registration of a trademark in a specific color will be protected in that specific color only and no protection is granted in black & white or any other color.
Yes, the letter of consent must be signed by the owner of the cited trademark and should be legalized up to Bahrain Consulate or authenticated by an Apostille.
Yes, it is possible to file an opposition against a trademark application before the Industrial Property Office (IPO) based on valid grounds. Opposition can only be filed upon publication of the trademarks in the Official Gazette. The deadline for filing an opposition is 60 days as of the date of publication in the Official Gazette which is non-extendable.
Yes, a six-month grace period is allowed after the renewal due date but with late renewal fees.
A punishment of imprisonment for a period of no less than three months and no more than a year, and a fine of no less than 500 Bahraini Dinars and no more than 10,000 Bahraini Dinars, or by either punishment.
Yes, Bahrain is a member of the Paris Convention since October 29, 1996. Accordingly, claiming priority of an earlier convention application is possible. However, the application must be filed within six months from the date of filing of the convention application.
