Complete Guide to Trademark Registration in Bahrain
Understanding Trademark Registration in Bahrain
Embarking on trademark registration in Bahrain marks a pivotal step for businesses seeking to secure their brand identity in the vibrant Gulf market. The process begins with the filing of a trademark application at the Industrial Property Directorate, initiating the trademark filing procedure. The Industrial Property Directorate is the authority overseeing trademark registration in Bahrain, ensuring that Bahraini nationals can file for trademark registration at the Trademark Office within this directorate. A registration certificate will be issued by the Industrial Property Directorate of Bahrain upon meeting all the conditions. This comprehensive guide illuminates the intricacies of trademark registration process, empowering entrepreneurs and enterprises with the knowledge to navigate Bahrain’s legal landscape confidently. From eligibility criteria to application procedures, this guide equips you with the essential insights to safeguard your brand’s integrity and pave the way for success in Bahrain’s dynamic business ecosystem.
Requirements to Register a Trademark in Bahrain
To register a trademark in Bahrain, the applicant must be a legal entity that can prove a bona fide intention to use the mark in connection with the goods or services specified in the application. Both individuals and corporate bodies are eligible to file a trademark application. Foreign applicants need to appoint local 'trademark agents' to represent them before the Trademark Office.
Trademark Law in Bahrain
Bahrain's trademark law (Trademarks Act) is governed by the Legislative Decree No. 11 of 2006 with respect to trademarks. This law protects registered trademarks and regulates the registration procedure.
Any sign capable of distinguishing goods or services of one undertaking from those of other undertakings can be registered as a trademark in Bahrain. This includes words, logos, slogans, names, signatures, letters, numerals, colors, the shape of goods or their packaging. To register a trademark, a trademark application must be filed with the Trademark Office at the Ministry of Industry, Commerce and Tourism in Bahrain.
Protecting Trademarks
Registered trademarks in Bahrain are protected under the Trademarks Act against unauthorized use, counterfeiting or imitation. The rights holder can take civil action against infringers to prevent the infringing use and claim damages. Criminal sanctions are also available for willful trademark counterfeiting on a commercial scale. It is crucial to secure registered trademark protection in both Latin and Arabic characters for legal validity in Bahrain.
What Can be Registered as a Trademark in Bahrain
Bahrain's trademark law protects word marks, logos, slogans, 3-dimensional shapes, sounds, smells, colours and product packaging. Well-known marks receive broader protection even without registration. Geographical indications and trade names are also protected under separate legislation in Bahrain.
The law allows for the registration of words, logos, shapes, sounds, smells, or a combination of these to be registered as trademarks.
Word marks refer to words, letters, numbers, or a combination of these. Common examples of word marks are company and brand names. Logos that are distinctive can also be registered as trademarks.
What Cannot be Registered as a Trademark in Bahrain
Bahrain's Trademark Office aims to protect marks that are capable of distinguishing the goods or services of one business from another. As such, marks that are generic, descriptive, or non-distinctive are not registrable as trademarks.
Generic terms are common names that refer to a class of goods or services and cannot identify a specific brand or product. For example, “mobile phone” and “restaurant” are generic.
Descriptive marks only describe a characteristic or quality of the goods and services, such as their intended purpose, function, size, or ingredients. Marks that are merely decorative or functional cannot be registered either.
The trademark must also not be deceptive or contrary to public order or morality. For eg., religious significance marks and red cross marks identical to the applicant's mark will be rejected. Marks that could mislead consumers or promote unlawful or immoral behavior will also be rejected. In Bahrain, as in most countries, trademarks cannot be registered if they are identical or confusingly similar to other registered trademarks or well-known marks. The trademark office conducts searches to identify potential conflicts before a mark is registered.
Documents Required
To register a trademark in Bahrain, certain documents must be submitted to the Trademarks Registration Office.
- Trademark application form must be filled out and signed by the trademark owner or their legal representative.
- Passport Copy of the Applicant(s) (in case the applicant is an individual).
- Trade License of the Company.
- Clear representations of the Trademark.
- Translation and Transliteration of the Mark.
- Certified copy of the priority document (if claiming priority).
Proof of use of the cited trademark may be requested (in case there are concerns about the mark’s inherent registrability or distinctiveness.)
Step-by-Step Process for Trademark Registration in Bahrain
Below we shall discuss the process to register trademark in Bahrain. Bahrain has modernized the process by launching an online portal for trademark online filing, making it easier for citizens, residents, and trademark agents to register trademarks and file oppositions.
Conducting a Comprehensive Trademark Search
To register a trademark in Bahrain, applicants should first conduct an official trademark search to determine if their chosen mark is available for registration. The trademark search can be conducted through the Trademark Office’s online database or by hiring a comprehensive trademark search firm. The search result will notify if same or similar trademark exists in the database. If there are no existing trademarks, the mark is available, the applicant can proceed to file a trademark application.
Filing the Trademark Registration Application
Trademark applications in Bahrain must be filed with the Trademark Office either online, in person, or through a local trademark agent. The application must contain the applicant’s name and address, a clear representation of the mark, a list of goods and services for which registration is sought, and the required official forms and fees.
Examining the Trademark Application
Once filed, the Trademark Office will examine the application to ensure it meets the requirements for registration. If the application is found acceptable, it will be published in the Official Gazette for opposition. If rejected, the applicant will receive an official notice stating the grounds for refusal and options for responding.
Publication and Opposition
Accepted applications are published in the Gazette of the Patent and Trademark Office for 60 days, during which time third parties may file an opposition to the registration of the mark. There is a 60-day opposition period during which objections can be filed, as per the process outlined by the Patent and Trademark Office. If no opposition is filed, the mark will proceed to registration. If an opposition is filed, the Trademark Office will determine whether it is justified. Marks found unopposed or for which the opposition has been rejected proceed to registration.
Registration and Issuance of Certificate
When the opposition period has lapsed or the opposition has been rejected, the Trademark Office will register the mark and issue a trademark registration certificate. The registration is valid for 10 years from the filing date and may be renewed indefinitely for additional 10-year periods. The registration grants the exclusive right to use the mark on the designated goods and services in Bahrain.
Following these steps carefully will help applicants successfully register their trademarks in Bahrain. Consulting with a local trademark agent is advisable, as they can ensure the proper procedures are followed and help resolve any issues that may arise during the registration process.
Timeline for Trademark Registration in Bahrain
The trademark registration process in Bahrain typically takes between 6 to 10 months from the date of application to complete. The timeline varies depending on several factors, including the workload of the Bahrain Trademark Office and objections raised or oppositions filed against the application.
Application and Examination
Once an application is filed with the Bahrain Trademark Office, it usually takes 1 to 2 months for the examiner to review the application. The examiner will check if the applied mark meets the registration criteria and does not conflict with any existing registered marks. If objections are raised or requirements issued, the applicant has 90 days to respond, which can prolong the trademark examination period.
(Timeframe may vary according to the availability of the official who is examining the application and the complexity of the application.)
Publication and Opposition
If the examiner finds no valid grounds to refuse the application, the mark will be published in the Official Gazette. Third parties then have 2 months from the publication date to file an opposition against the mark. If an opposition is filed, it may take 6-10 months to resolve depending on the complexity of the case. The opposition period and resolution also contribute to the overall timeline of the registration process.
Registration of the Trademark
Provided that no opposition has been filed or has been resolved in favor of the applicant, the trademark application will proceed to registration. The Trademark Office will then issue a Certificate of Registration, confirming that the trademark has been officially registered in Bahrain. The entire process from application to registration can take a minimum of 6 months up to a maximum of 10 months under normal circumstances.
Applicants should also note that after registration, they must start using the trademark in Bahrain within 5 years from the date of issue of the registration certificate. Failure to do so may render the registration vulnerable to cancellation by third parties on grounds of non-use. Overall, the key to a smooth trademark registration in Bahrain is close follow up with the Trademark Office and prompt response to any objections or requirements issued to avoid unnecessary delays.
What Is the Cost for Trademark Registration in Bahrain?
The cost for trademark registration in Bahrain is relatively affordable. The official fees are governed by the Ministry of Industry, Commerce and Tourism in Bahrain, which oversees trademark registrations.
Filing Fees, Publication, and Issuance of Certificate Fees
In Bahrain, trademark registration entails various government fees, totaling to around BHD 684 (USD 1805.56) for a single mark in one class. These fees cover filing, publication, and certificate issuance. However, it's essential to recognize that this amount pertains solely to one mark within a single class and for each additional class, the amount mentioned is multiplied.
The trademark fees mentioned above does not include additional charges such as professional fees, bank fees, court fees and translation fees.
Trademark Renewal Fees
To maintain an active trademark registration in Bahrain, renewal fees must be paid. The registered trademark protection period here is valid for 10 years. The trademark renewal application fee is around BHD 684 (USD 1808). Failure to renew a registration will result in the cancellation of the mark.
In summary, business owners and trademark applicants can expect to pay around BHD 684 (USD 1808) in total fees to register a trademark in Bahrain for a single mark in one class. However, the actual amount may depend on the number of classes required to adequately cover the goods and services of interest. While not the least expensive in the region, Bahrain’s fees remain competitive and affordable for most business budgets.
Major Benefits of Registering Your Trademark in Bahrain
Registering a trademark in Bahrain offers substantial benefits to brand owners and businesses.
Secures Exclusive Rights
Registering a trademark with the Official Trademark Registry in Bahrain grants the owner exclusive rights to use the mark within the country. This gives the owner legal recourse against unauthorized use or infringement by third parties. Unregistered marks receive no such protection under Bahraini law.
Deters Infringement
The registration of a trademark serves as a deterrent against potential trademark infringers, reducing the risk of misappropriation. The registration details are published in the Trademarks Journal, putting others on notice of the owner’s proprietary rights. Infringing on a registered mark could lead to legal liability, so most businesses and individuals will avoid using a mark that belongs to someone else.
Facilitates Legal Action
If infringement of a registered trademark does occur, the registration allows the owner to pursue legal action against the infringing party. The registration certificate serves as prima facie evidence of the validity of the registration and the owner’s exclusive right to use the mark. This makes it easier to obtain injunctions, recover damages, and impose other remedies against infringers.
Enhances Brand Value
A registered trademark enhances the brand value and goodwill associated with the mark. It demonstrates that the brand owner has invested in protecting their intellectual property and is committed to defending their brand rights. This boosts consumer confidence in the brand and strengthens its competitive position in the market.
Conclusion
Registering a trademark in Bahrain can be a wise move for companies looking to protect their brand identity in this growing market. With a straightforward application process and reasonable fees, Bahrain presents an accessible option for securing exclusive rights to a brand name or logo. By following the application steps outlined here and leveraging the expertise of intellectual property firms or a qualified intellectual property attorney, brand owners can gain the legal protections and enforcement options that a registered Bahraini trademark confers.
If you are looking to expand your business in Bahrain, drop us an email at [email protected] for a complimentary consultation and our experts shall guide you on how to protect your trademark and other intellectual property assets.
