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Bahrain (BH)

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03-29-2017 (Newsletter Issue 6/17)
New Electronic System Introduced
A new electronic system has been introduced in Bahrain for the filing of trademarks on an online platform. The salient features include the submitting of the applications with PoAs online and also the provision of adding conditions to the application; eg. disclaiming use of exclusive words etc. It is also meant to add flexibility to the local agents in handling such cases; furthermore it is anticipated that the system would be expanded to include all trademark related procedures in the near future.

Source: JAH & Co. IP, Qatar


05-31-2016 (Newsletter Issue 10/16)
Official Fees Increased/TM Applications Published
Bahrain has increased the official fees to conform to the Law 6/2016 of the GCC Trade Mark Law and its Implementing Regulations which came into immediate effect as of May 29, 2016. A copy of the new official charges is available here.

The new official fees for filing up to registration for a trademark registration have increased to BHD 650 (approx. USD 1,722). The new official fees will cover all trademarks matters filed from May 29, 2016 as well as retroactively for pending trademarks applications.

Furthermore, the Bahraini Trademarks Office has issued new stipulations to enforce the Article 11 of Executive Regulations of GCC Trademark Law issued with the decision No. 65/2016, according to which the accepted trademark applications will be published on the official website (www.moic.gov.bh) of the Ministry of Industry, Commerce and Tourism every Thursday.

Source: JAH & Co. IP, Qatar


12-08-2015 (Newsletter Issue 19/15)
Infringement Cases by Office Now Received
The Directorate of Industrial Property informs by an official circular that the office is open to receive infringement cases with regards to trademarks, design and patent protected within the Kingdom of Bahrain.

The complaint is filed at the Industrial Property Control Section within the Directorate of Industrial Property. The complaint needs to be accompanied with the following:

1. A power of attorney with an Apostille certification if the country of the applicant company is a member of the Hague Convention; otherwise the power of attorney should be legalized up to an Bahraini consulate abroad.
2. Copy of the registration certificate of the trademark/design/patent in Bahrain which has been infringed.
3. Copies and samples of client and infringed mark/design/patent.

The representative of the complainant can assist the inspectors to allocate the infringed products and premises.

Source: JAH & Co. IP, Qatar


12-09-2014 (Newsletter Issue 19/14)
Filing Without the Complete Documents Possible
The Bahraini Trademark Office declared on 18 November 2014 under directives numbered MS/14/34-1 that as of the said date onwards it is permitted under the practice of the Bahraini Trademark Registrar to file trademark applications and obtain filing number and date as well as the official filing certificate without the complete required documents which can be submitted within a non-extendable term of three months from the date of filing; or else their applications will be declared abandoned.

Source: JAH & Co. IP, Qatar


12-09-2014 (Newsletter Issue 19/14)
Filing of Sound Marks are Possible Now
The Bahraini Trademark Office at the Directorate of Industrial Property with the Ministry of Industry and Commerce will start the acceptance of filing sounds trademark as per directives issued under circular number 14/23-3 on 18 November 2014 as of that date.
The requirements to file a sound mark are:

1. Musical note composing of the sound mark written clearly;
2. Compact Disk containing the musical note recited in MP3 audio format or any other compatible format;
3. A power of attorney with appostille certification;
4. A copy of certificate of incorporation and extract from the commercial register of the applicant company.

Sound trademarks will be examined in the same manner as traditional trademark applications and will be subject to trademark law of Bahrain No. 11 of 2006 concerning standard trademarks. A modified trademark application format has be created for the purpose of filing sound trademarks.

On examination and acceptance of sound trademarks the mark will be published in the Official Gazette with the musical composition printed in the space specified for the traditional trademark print with an indication that any interested party might resort to the Directorate of Industrial Property for obtaining a copy of the compact disk for opposition purposes. A registration certificate of the sound mark will be due for issuance upon expiry of the opposition term.

A sound trademark will dealt with as a traditional trademarks as to official fees and procedures of registration in accordance with the Bahraini Trademarks Law No. 11 of 2006.

Source: JAH & Co. IP, Qatar


03-18-2014 (Newsletter Issue 5/14)
GCC Trademarks Law Approved
The decision No. 6 of 2014 approving the unified Gulf Cooperation Council (GCC) Trademark Law which was ratified in Bahrain in 2012 has been issued by the Majesty King Hamad bin Isa Al-Khalifa.

The GCC Trademark Law is expected to enter into force in Bahrain six months after its Implementing Regulations are issued.

In this regard, Kingdom of Bahrain is still adopting the current Trademark Law No. 11 of 2006 until the GCC Trademark Law is effective.

The Law, which comprises 52 articles, outlines the general directives and rulings governing trademark registration, renewal, assignment and cancellation procedures in the GCC countries.

Source: www.agip.com


02-18-2014 (Newsletter Issue 3/14)
Accession to Hague Apostille Convention
The Kingdom of Bahrain announced that legalization of Power of Attorney and other supporting documents required for all Intellectual Property (IP) related matters would no longer be required. The Bahraini consulates abroad will no longer provide legalization services for documents if the applicant’s country is a member of the Hague Convention (5 October 1961).

This decision came as a result of Bahrain’s accession to the Hague Convention abolishing the requirements of legalization of foreign public documents, and it entered into force as from 31 December 2013.

Accordingly, the apostille documents are sufficient for filing with the Industrial Property Office and the Patent Office in Bahrain.

Source: www.agip.com


04-17-2012 (Newsletter Issue 6/12)
New Trade Name Law
The new Trade Name Law (Law no. 18 of 2012) has been recently issued in Bahrain. This Law was drafted back in February 2011. The salient features of Law no. 18 of 2012 are as follows:

- The new trade name shall be new and innovative.
- The new trade name shall not be identical or similar to a well-known mark nor to any other mark.
- The new trade name shall not include any political, military or religious content.
- The new trade name shall not refer to any regional, Arab or international organization.
- The use of the new trade name shall not create any confusion with other names of company owners or product distributors.

Source: www.sabaip.com


06-13-2011 (Newsletter Issue 8/11)
Annuity Payment Reminder for Industrial Designs
With the Implementing Regulations for the Industrial Designs Law issued in the Official Gazette No. 2936 dated February 25, 2010, payment of design annuities became applicable in Bahrain.
The Patent Office has now started to accept annuities for the existing valid design registrations.
The annuities are counted from the anniversary of the publication date. At present, the Patent Office accepts annuities, which are due for payment after February 25, 2010, which is the issuance date of the implementing regulations of Industrial Designs.

Further, it is noted, that as per the new Industrial Designs Law (2006) in Bahrain, all industrial design registrations are valid for a period of 10 years from the date of registration and renewable for a further period of 5 years.

Source: JAH & CO. IP, Qatar


04-16-2011 (Newsletter Issue 7/11)
PoA Requirements Changed
The Bahraini Industrial Property Office (BIPO) has issued a statement requesting to provide a legalized Power of Attorney (PoA) up to a Bahraini Consulate within three months from the date of filing. Prior to this statement it was requested to submit the legalized PoA at the time of filing.

In case there is no Embassy of Bahrain, then authenticating by any Arab consulate will be accepted.

Source: NJQ & Associates


04-01-2011 (Newsletter Issue 6/11)
Trademark & Patent Office Fully Operational
The Bahraini Trademark and Patent Office is now back to its normal working hours after it had been partially operational due to the unrest in Bahrain.

Source: www.njq-ip.com

02-23-2011 (Newsletter Issue 3/11)
Legalized Power of Attorney Requested
The Bahrain Trademark and Patent Office (BTMO) has announced that only powers of attorney that are legalized up to any Arab consulate will be accepted. This means that simply signed powers will no longer be admissible in support of trademark, patent and design applications. The document must be submitted at the time of filing.

This decision will cover all trademark transactions, including renewal, assignment, merger and change of name.

Source: NJQ & Associates


Trademark Protection in Bahrain is governed by GCC Law No. 6 of 2014 (“New Law”) and it's implementing regulations which came into force in May 2016.
Ministerial Decision No. 65 of 2016 issuing the implementing regulation of the New Law was issued on May 23, 2016, published in the Official Gazette No. 3263 on May 26, 2016, and became effective on the same date.
Bahrain is a member of Paris Convention.
Trademark protection is obtained by registration. However, a trademark application can be opposed successfully upon producing sufficient proof of prior use of the mark in Bahrain and elsewhere in the world.
Also, well-known trademarks enjoy protection under the provisions of the Paris Convention even if they are not registered in Bahrain.
Nice classification, 10th edition
Not included are the class 33, alcoholic goods in class 32 and pork meat based products in class 29.
GCC Law No. 6 of 2014, Art. 2:
The trademark: Everything that takes a distinctive form such as names, words, signatures, characters, codes, numbers, titles, seals, drawings, images, inscriptions, packaging, figurative elements, shapes or color, group of colors or combinations thereof, or any other sign or group of signs if used or intended to be used to distinguish goods or services of a construction regarding the goods or services of another constructions or to indicate to do one of services, or for controlling or inspecting the goods or services.
The sign of sound or smell could be considered as a Trademark.

Protection unter the new law has been expanded to include registration of sounds, smells, and shapes of goods, packaging, colour, combination and photographic elements.
The following trademark types are registrable: trade marks, service marks, collective marks, certification marks, trade names and titles of establishment.
The application is filed at the Industrial Property Office.
A separate application has to be filed for each class.
Foreign applicants need a local agent.
A power of attorney with an Apostille certification is required.
Foreign applicants do not need a domestic registration.
In absence of a home registration, registration in any other countries or certified copy of the extract from the Commercial Register of the applicant is sufficient. Otherwise a certified copy of certificate of home or any foreign application or registration is needed.
Application can be filed by the use of simple copies by fax or email of the required documents, provided that originals are submitted at a later stage without a time limit and at no additional cost.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use or if there is a registration in any country following a substantial examination system.
The processing time from first filing to registration is approx. 14 to 18 months.
Accepted trademark applications will be published on the official website (www.moic.gov.bh) of the Ministry of Industry, Commerce and Tourism every Thursday.
National:
The opposition period is 60 days from publication date of the application.

Details regarding the Opposition Period against designation of IR Mark are available in our publication on this topic here
A trademark registration is valid for 10 years from date of application.
The registration is renewable for periods of 10 years. The renewal fees should be paid within the last year of the protection.
The grace period is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration, it may be subject to cancellation by any interested party and before the court.

Further practical details are available in our publication on this topic here
The official fee for filing a trademark application is BHD 100 per class for each additional class is BHD 100.The official registration fee is BHD 500 and official fee for publication is BHD 50.

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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Search type First class Add. class
Word Mark Search (availability) 290,00 € 230,00 € 
Word Mark Search (identical) 260,00 € 200,00 € 

The Prices above are SMD Group Search Fees
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
09-23-2016
Al Tamimi & Company, Manama, Bahrain

09-21-2015
JAH & CO. IP, Doha, Qatar  

08-23-2014
JAH & CO. IP, Doha, Qatar  

06-28-2013
JAH & CO. IP, Doha, Qatar  

01-10-2012
JAH & CO. IP, Doha, Qatar  



Directorate of Industrial Property with Ministry of Industry & Commerce in Kingdom of Bahrain
PO Box 5479
Manam
Bahrain
Tel +973 17568000 / 17574777
Fax +973 17 536 479
Mail ip@commerce.gov.bh
www.moic.gov.bh

World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int