The current trademark regulations in Bahrain are mainly based on the Trademark Law promulgated in 2006. The Bahrain Trademark Office is responsible for repairing trademarks, and the official language is Arabic. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. Bahrain's trademark registration adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Bahrain is a signatory to international intellectual property treaties such as the Trademark Law Treaty, Nice Agreement, TRIPS Agreement, WIPO Convention, and Paris Convention. It has also joined the Madrid Protocol, so trademark registration can be processed through "single country registration" or "Madrid International Registration".
At present, the Bahrain Trademark Office adopts the Nice classification for describing goods and services and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Bahrain include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, smell, appearance, etc.
If the applicant does not reside in Bahrain, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product/service items;
3. Name and address of the applicant;
4. Power of attorney for notarization and authentication, domestic or other country registration certificate or business license;
5.If priority is declared, priority proof documents and corresponding Arabic translations must be provided.
The main process for applying for registration of a trademark in Bahrain is: application, examination, announcement, approval, and issuance of a certificate. After about one week of application submission, the Bahrain Trademark Office will conduct formal and substantive examinations. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice; Once the review is approved, an announcement will be made, with a 60 day objection period from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. Trademarks are descriptive;
3. The trademark lacks distinctiveness;
4. The trademark has adverse effects;
5. Well known trademark;
6. Malicious registration;
7. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc;
8. Common name;
9. Geographical indications;
10. Unauthorized use of logos;
11. Violating public order and good customs.
If there are no objections or objections are not valid during the announcement period, the trademark will be approved for registration. If everything goes smoothly, trademark registration in Bahrain takes 6-10 months. If there are any objections or rejections encountered during the process, the time will be extended.
The Bahrain trademark is valid for 10 years after registration, starting from the date of application; Renewal can be processed within one year before the expiration date, with a grace period of six months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.