TRADEMARKS FILING AND PROSECUTION IN BAHRAIN
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to help consumers indentify that its products or services with which the trademark appears originate from a unique source, and to help distinguish its products or services from those of other entities.
Trademark in Bahrain may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
- ℠ (for an unregistered Service mark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark.
|Relevant office||Directorate of foreign trade and IP Ministry of Industry, Commerce and Tourism|
|Nice classification||Yes (11th edition)|
|Multi class system||No|
|Documents required for filing a trade mark application||Legalised Power of Attorney, copy of the commercial register or the trade license, legalised copy of the commercial register or the trade license if the applicant is not local national.|
|Prosecution process||Filing publication of the mark in the trade mark journal opposition(within 60 days from the date of application approval) registration renewal|
|Registration term||10 years from the date of application|
|Renewal term||10 years|
Trademark searches in Bahrain
It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Australia can be conducted for word marks, device marks, numeral and labels. An official search can be conducted to check whether similar trademark to your brand is already registered in Bahrain or to find out who is the owner of the mark. Ministry of Industry, Commerce and Tourism of the Kingdom of Bahrain which provides a automated system to conduct a search service for trademarks and industrial designs registered in Kingdom of Bahrain. This is basically a system which is published by WIPO.
Trademark word search edition of Bahrain follows the Nice Classification and trademark applications can be filed for goods in classes 1-34 and services in classes 35-45.
It is advisable to conduct comprehensive trademark clearance search in Bahrain to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Bahrain. It is advisable to conduct a comprehensive search for a figuration trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures etc. or combination of marks containing device marks. A device mark search in Bahrain can be conducted amongst the marks filed and registered as per the Vienna code classification.
Filing trademark applications in Bahrain
A person may file single class trademark applications in Bahrain.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary applications in Bahrain:
Ordinary trademark applications filed in Bahrain are applications without claiming any priority. Ministry of Industry, Commerce and Tourism of Kingdom of Bahrain website provides its users the electronic filing of the trademark applications, there is option available trademark services on the website for moving forward with the application. In case of any inquiry and difficulty related to the submission of application, an email id is provided Ip_support@moic.gov.bh. Website also provides the facility of electronic filing related to the changes to be made in registered mark such as change of owners name and representative or transferring ownership. Grievance can also be taken online related to refusal or objection to its registration.
Priority trademark applications in Bahrain/Convention trademark applications Bahrain:
A priority trademark application may be filed in Bahrain. A priority trademark application should be filed in Bahrain within 6 months after the date on which the application was made in the convention country.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Bahrain within six months of after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Bahrain follows the nice classification of classes. IP Australia uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defines list of terms and cover all the goods and services.
Trademark examination in Bahrain
Once the application is submitted for registration it goes through the examination process. The competent authority will examine the application for the registration. The applicant needs to introduce proper amendments to the application within thirty days from the filing date required to decide the matter. The competent authority will decide the matter within thirty days from the date of application in case of having proper documents or from the date of amendments providing sufficient documents to decide the matter.
Trademark opposition in Bahrain
After the successful completion of the examination process, the competent authority accepts the application for registration of trademark and it will published in the trade marks journal for the observation by the third parties. Third parties are provided sixty days from the date of application approval to oppose the application for the registration.
If no opposition is reported within this period or the opposition submitted in this regard are rejected, the competent authority will issue decision regarding the registration of the trademark after the said period. And in case the opposition submitted is accepted, the competent authority will decide on the matter and the decision will be published in the official gazette.
Trademark registration in Bahrain
The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favor of the applicant. The mark is registered for a period of 10 years from date of filing of the application and the registration certificate is issued.