FAQ

T1. What is the normal time frame to conduct a trademark search?

- Four to five working days from the receipt date of the instructions.

T2. What is the approximate time frame to register a trademark in Bahrain?

- 6-8 Months from the filing date.

T3. Are multiple-class applications available in Bahrain?  

- No, multi-class applications are not available. A separate application must be filed for each class of goods and/or services.

T4. 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 trademark application based on any one of the mentioned basis.

T5. Is it possible to register series marks in Bahrain?

- No, series mark applications are not available.

T6: Does Bahrain use the international classification?

- Yes, Bahrain adopts 10th edition of NICE International Classification of Goods & Services.

T7. Are the trademark applications in Bahrain examined on absolute or formal grounds?

- Absolute grounds

T8. Does the National Trademark Office accept letters of consent in order to overcome the provisional refusals based on prior trademark citations quoted by the examiner? 

- Yes, the letter of consent must be signed by the owner of the cited trademark and should be legalized up to any Arab Consulate or authenticated by an Apostille.

T9. 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

T10. Is it possible to file opposition proceeding in your country? 

- 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.

T11. Is there a grace period for trademark renewal?

- Yes, a six-month grace period is allowed after the renewal due date for late renewal.

T12. Is it an offence to apply the ™ symbol when the mark is not registered? Is it considered as both criminal offence and an administrative breach?  

- Yes, it is an offence to apply the ™ symbol when the mark is not registered. It is considered as both criminal offence and an administrative breach.

T13. What are the penalties for breach (fines, imprisonment or otherwise)? 

- 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 4,000 Bahraini Dinars, or by either punishment.

T14. When does a registered mark in non-use become vulnerable to a non-use cancellation action?

- 5 years from the registration date.

T15. Can a trademark be registered in the name of an Individual (i.e. Individual applicant) ? If so, what are its requirements? 

- It is possible to register a trademark in the names of an Individual. The requirements are a legalized Power of Attorney in the name of the applicant and a certified copy of any corresponding home or foreign registration of the mark in the name of the applicant, legalized up to any Arab consulate or up to an Apostille. 

T16. Is it possible to claim priority under the Paris Convention?

- Yes, Bahrain is a member of the Paris Convention since October 29, 1996.

T17. Is it generally advisable to secure registered trademark protection in both Latin and Arabic characters? What are the advantages and disadvantages?

- The registration of a trademark in Latin characters will provide protection to the Arabic transliteration of the same (but not to the Arabic translation). A separate application/registration will be required for the Arabic translation. The same also applies on the vice versa issue, i.e. the registration of a trademark in Arabic characters will provide protection to the Latin transliteration of the same (but not to the Latin translation). A separate application/registration will be required for the Latin translation

T18: What is the term of protection of a trademark? From what date it is calculated?

- 10 years as of the filing date.

T19: In case a trademark is not renewed in due time, can another company register the same trademark?

- Yes, however, a third party can only register the same trademark unless after the lapse of three years of the date of cancellation of the registration by the trademark office.

T20: What are the use requirements of a trademark registration?

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

T21: What are the types of use required accepted for submission?

- The evidence of use accepted for submission must be actual use in commerce in Bahrain (such as Shipping bill of lading, advertisements, sales invoices, online sale receipts, custom declarations and any other documents evidencing the actual use)

T22: Can a recordal of change of name, change of address, assignment, merger, license agreement be filed against a pending application?

- Recordal in Bahrain can only be recorded against registered trademarks. Assignment against pending applications can be recorded when they mature into registration and upon the issuance of the relevant certificates of registration

T23: Is recording a license (Register user) agreement compulsory? What are the consequences of non-recordal?

- Recording a license is not compulsory but highly recommended, in order to protect the rights of the owner of the trademark. An agreement is not valid or enforceable against third parties if it is not recorded.

T24: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? 

- An assignment must be made with goodwill. Consideration must be stated, but a nominal amount of US$1 is acceptable. 

T25. Is it possible to attend to Recordals/Renewal without recording the current change agent of service?

- No, recordal of change of agent is mandatory by the trademark office in order to attend to the renewal and recordals.

T26. Is it possible to transform an international trademark registration into a national trademark application in Bahrain?

- It is possible to file for a conversion of an International application to a Bahrain National application only if the International Registration is already cancelled from the country of origin of the filing of the International Registration. The request for such conversion must be submitted at the IPO within three (3) months from the cancellation date.

T27. Is it possible to amend a trademark logo of a registered trademark in Bahrain?

- According to the current practice at the trademark office it is possible to amend the trademark logo of the registered mark only if the proposed new trademark logo does not include any new distinctive elements. However, if the proposed new logo includes any new distinctive elements then in order to protect the new trademark logo, a new application should be filed for the latest trademark logo.

T28. Is it possible to amend the goods/services of a registered trademark in Bahrain?

- It is possible to amend the goods\services of a registered trademark (by limiting the registered goods/services and not by adding the list of goods/services).

T29. Is extension of time available for filing a response to rejection, counter-opposition and opposition matters?

- No. 

T30. Can a name be registered as trademark in Bahrain?

- Yes, provided the trademark office in Bahrain considers the mark as "distinctive.

T31. Is it necessary to register a trademark even when the mark has been in use for many years?

- 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.

Address:

TAG-Org Bldg., Bldg. 1002, Road 5121, Suwafiah 351

P.O. Box: 990, Manama, Kingdom of Bahrain
Telephone: (+973) 17550003
Fax: (+973) 17382208
Email: bahrain@agip.com
Contact: Laith Damer (Mr.)

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