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The average time frame for the registration approval is 15 months, if no objections or oppositions arise.
No. Protection of trademark is limited in Bahrain only.
Applicants are required to present a signed Power of Attorney.
Yes. The applicant may benefit from pre-filing use. It can be used to demonstrate the mark’s distinctiveness and overcome oppositions based on non-distinctiveness.
Yes. A registered trademark that is not being used is prone to cancellation.
The following marks are accepted for registration:
- Words
- Names
- Slogans
- Colours
- Devices
- Holograms
- Smells
- Trade dress or get-up
- Shapes having 3 dimensions
- Certification marks
- Collective marks
- Service marks
The order of trademark application in Bahrain is as follows: Examination, Publication and Registration. The application is examined based on requirements, i.e., formalities and classification. Details about the application will be published and made available to the public, i.e., applicant’s name, address, citizenship, etc. Once requirements are satisfied and oppositions are won, the registration will be granted.
The following marks are not registrable:
- Generic words
- Marks without distinctive qualities
- Marks that include name, symbol or flag of a nation, state or region including international organizations
- Surnames
- Names of geographic locations
- Marks that resemble Red Cross or Red Crescent
- Use of picture, emblem or symbols of third parties without obtaining proper consent
- Use of honorary distinction without proofs of legal entitlement
- Use of religious symbols or signs
Yes. The Nice Classification is followed in Bahrain.
The Community Trademark is not effective in Bahrain.
Yes. Applicants may claim priority if the following conditions are fulfilled:
- The home country of the applicant is a Paris Convention member
- Home application was filed within 6 months prior to filing in Bahrain
- The home country of the applicant is a member of the WTO (World Trade Organization)
- International registration is based on the application in Bahrain’s jurisdiction
Use the trademark within the jurisdiction of Bahrain and for commercial purposes. An unused trademark for 5 consecutive years will result to removal from the registry office.
A registered trademark’s validity in Bahrain lasts for 10 years.
The first renewal date is computed 10 years from the date the application was filed.
It is legal to use an unregistered mark for goods and services.
The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in Bahrain.
If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected, our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).
In this case, proceeding with two trademark applications has the following advantages:
- Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.
- You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.
- Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.
If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.
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
- Descriptive, misleading, functional, deceptive, or generic mark
- Use of religious symbols
- Non-distinctive mark
- Violation of 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 honour 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 cancelled on these grounds:
- Proprietary rights
- Personal name rights
- Article 6ter of the Paris Convention
- Article 6septies 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 for 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 documentations are not required.
Renewals are done every 10 years from the last date the trademark was renewed.
The first renewal date is computed 10 years from the date the application was filed.
You will need a power of attorney to renew a trademark registration.
You have 6 months grace period to retrieve an expired trademark.