Trademark in Bahrain |

Trademark in Bahrain

A trademark is a symbol or design used to set one company’s goods, services, or offerings apart from those of other companies. A signature of sound or scent may also be regarded as a trademark. If the applicant is a citizen or resident of the Kingdom of Bahrain, he must file a trademark application to the Trademark Office at the Industrial Property Directorate. Foreign applicants who do not live in the Kingdom must submit their applications via law offices approved by the Industrial Property Directorate or IP Registration Agents.

Overview

In the Kingdom of Bahrain, a trademark is protected for ten years after the date of application. A renewal application may be submitted during the last year of each protection term if the owner wants to maintain protection for numerous consecutive identical periods.
The Paris Convention for the Protection of Industrial Property is a treaty that the Kingdom of Bahrain has ratified. It is now feasible to claim precedence as of June 2007.

Bahrain follows the International Classification of Products and Services for the Purposes of the Registration of Marks under the Nice Agreement, and as of July 1, 2005, classes 43 through 45 were added to the list after class 42 was revised.
For each category of products or services, a new application must be submitted. When a trade/service mark application has been submitted, the trademark's registrability is reviewed. Applications for trademarks that the Registrar has approved are published in the Official Gazette. Each interested party has a 60-day window to submit an objection.
An authorised agent or the owners themselves must bring an objection to the registration of a trademark before the Registrar within the time frame specified as of the date of publication. The Registrar should resolve such an opposing matter. A published trademark is registered if there is no resistance, and the certificate of registration will be given.
Registration is required to get trademark rights. A trademark application, however, may be successfully contested if sufficient evidence of the mark's past usage in Bahrain and elsewhere in the globe is shown.
A trademark registration is good for ten years starting on the application filing date, and it is renewable for further ten-year periods. The late renewal of a trademark is allowed a 6-month grace period under trademark law. The law prohibits third parties from registering a trademark that has not been renewed, until three years have passed after the date of revocation.
After a trademark is registered, the assignment and authorised user may be documented. A recordal of this kind is printed in the Official Gazette. Only in conjunction with the goodwill and the business's concern can the transfer of a trademark be approved. When a trademark has been registered, all additional modifications may be documented.
In Bahrain, using a trademark is not required for either submitting registration applications or keeping an active registration. Any interested person, however, has the right to cancel a trademark if they can show that it was never really used in the five years prior to the application for cancellation or that there was never a genuine intention to use it on the products for which it was registered.
Infractions punishable by law in Bahrain include unauthorized use of a trademark registered under the law or an imitation of such a trademark applied to goods of the same class, sale, storage for the purpose of sale, or exhibiting for sale of goods bearing a counterfeit mark, or using a mark legitimately registered under the law by another person to promote goods of the same class without authorization.

Benefits of Trademark Registration in Bahrain :-

Safeguards your Business Identity.
It protects you against others using the same or similar trademarks.
It provides “solid proof” of your legally protected rights.
It removes the need to rely on “Common Law” rights.
It is an asset and its value grows over time.
It can be licensed, franchised, or sold.

Documents Required :-

Power of Attorney - Appointing us to act and apply on your behalf.
Copy of Passport of the Applicant(s).
Copy of Trade License - In case of Corporate Application.
Artwork of the Brand Name or Logo.

Trademark Fees in Bahrain :-

Checking prices Initial class: $110.00; subsequent classes: $100.00
There is no way to look up a trademark's figurative components (logo). Just the linguistic components of the trademark will be searched for.
cost of applications First class costs $1,100; each subsequent class costs $1100.
Up to 100 words per class may be used in the description of the products or services; any excess words will incur fees.
When the trademark is approved, the remaining registration price is due: Initial class is $1,950, and each subsequent class is $1,950.

Bahrain Trademarks Process :-

Trademark Registration:

There should be a separate application submitted for each class, and the registration procedure takes six months to complete. Within one to three months, the TMO will review the application. The TMO will make a decision after the examination period to either: o Accept the application; however, the publishing costs must be paid within 30 days of the official notification date or the application would be deemed withdrawn.

o Deny the application; you have 60 days from the official notice date to appeal the decision; otherwise, the application will be deemed withdrawn.
Within 60 days after the date of publication, any interested third party may object to the publication of the trademark application. The applicant must provide a response to the opposition within 60 days after the official notice date, otherwise the application will be deemed withdrawn.
If the registration costs are not paid within 30 days after the end of the publication period, the application will be deemed withdrawn.

When the registration payments have been paid, the certificate of registration will be given within 1-2 working days.

The registration of the trademark is good for 10 Gregorian years from the filing date and is renewed for additional equivalent consecutive terms.
Trademark Renewal:
The renewal process takes 1-2 weeks to be completed.
A separate application should be filed for each class.
The renewal application should be filed within the last year of the valid protection period.
A 6 months grace period after the expiry of the valid protection period is granted for filing late renewal, however it is subject to late penalty fees.
After filing the renewal application, the renewal certificate will be issued within 1-2 weeks.
The renewal certificate will be published in the official gazette for informative purposes only; No one can oppose the said publication.
The trademark renewal is valid for another 10 consecutive Gregorian years starting from the expiry of the previous protection period.
Trademark Change of Name and/or Address:
The recordal of change process takes 1 working day to be completed.
A separate application should be filed for each class.
A change of agent should be filed in order to ensure formality requirements are met.
After filing the change application, the change certificate will be issued on the same day.
The change will be published in the official gazette for informative purposes only; No one can oppose the said publication.
Trademark Assignment:
The assignment process takes 1 working day to be completed.
An application can include multiple classes and/or trademarks in the name of the same applicant.
A change of agent should be filed in order to ensure formality requirements are met.
After filing the assignment application, the assignment certificate will be issued on the same day.
The assignment will be published in the official gazette for informative purposes only; No one can oppose the said publication.

FAQ

1. How can I get trademark in Bahrain?
The Bahraini nationals can file for the 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.
2. What is the normal time frame to conduct a trademark search?
Four to five working days from the receipt date of the instructions.
3. What is the approximate time frame to register a trademark in Bahrain?
6-8 Months from the filing date.
4. Are multiple-class applications available in Bahrain?
No, multiple-class applications are not available. A separate application must be filed for each class of goods and/or services.

5. What are the different bases to file a trademark application in your country (home country registration, effective use, intent to use, …) ?
It is possible to file a trademark application based on any one of the mentioned basis.

6. Does Bahrain use the international classification?
Yes, Bahrain adopts 11th edition of NICE International Classification of Goods & Services.

7. Will a trademark filed in Black & white provide protection in colors?
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.

8. When does a registered mark in non-use become vulnerable to a non-use cancellation action?
If it is not used seriously for any 5 consecutive years during the validity period.

9. What are the use requirements of trademark registration?
Use of a mark is not required for registering or maintaining a trademark registration in force. However, proof of use will be only required during the litigation/cancellation action of a trademark registration for non-use requested by a third party.

10. What do the TM, ®, and © symbols mean? When can I use them? Should I use them?
TM stands for Trademark, ® stands for Registered © symbol means copyright. The symbols TM, ®, and © are used on registered IP rights. Using TM and ® symbols notifies the public of your claim of branding rights in a particular mark and reduces the risk of trademark infringement. It is recommended to use the symbols (R) or (TM) on registered trademarks only and not on unregistered marks in Bahrain since it is prohibited by law to add it to pending applications or unregistered marks.

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Overview
Benefits of Trademark Registration in Bahrain
Documents Required
Trademark Fees in Bahrain
Bahrain Trademarks Process
FAQ
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