This document provides a summary of trademark registration procedures and guidelines in Bahrain. It discusses the legal basis for trademarks in Bahrain under Law No. 11 of 2006. It outlines the registration procedures, which involve filing an application with the Department of Industry and Commerce (MOIC) and publishing the application for opposition. Key points include that it can take 1-2 years for publication, and the total registration process takes 18-26 months. The document also covers ownership rights and transfers, licensing, renewals every 10 years, and grounds for cancellation including non-use and bad faith registration.

1. TRADEMARK REGISTRATION
GUIDE
IN BAHRAIN
Presented By
Mohamed Ezz
Trademark Attorney

2. GENERAL INFORMATION
A former British protector on the Arabian Gulf,

Bahrain is an Arab Kingdom Consisting of the
island of Bahrain and several smaller islands, a
member of the Gulf Cooperation Council (GCC).
Known for pearl fishing, it is now being developed

for oil, found in the central plateau of Bahrain
island. For the most part, the oil industry was
cultivated by American Corporations. The
population is chiefly Moslem)

3. GENERAL INFORMATION
Full name: Kingdom of Bahrain

Population: 766,000 (UN, 2008)

Capital: Manama

Area: 717 sq km (277 sq miles)

Major language: Arabic

Major religion: Islam

Life expectancy: 74 years (men), 77 years (women) (UN)


4. GENERAL INFORMATION
Monetary unit: 1 Bahraini dinar = 1,000 fils

Main exports: Petroleum and petroleum products, aluminum

GNI per capita: US $19,350 (World Bank, 2007)

Internet domain: .bh

International dialing code: +973


5. LEGAL BASIS
Law No. 11 of 2006, which supersedes the

Trade Marks Legislative No. 10 issued in
1991.
The Implementing Regulations of the said

law have not yet been issued. Such
Regulations are expected to be issued later

6. MEMBERSHIP IN INTERNATIONAL
CONVENTION
TRIPS Agreement since January, 1995

Paris Convention for the protection of Industrial

Property, Stockholm Act, since October 29, 1997
Protocol Relating to Madrid Agreement

Concerning the International Registration of
Marks, since September, 2005

7. MEMBERSHIP IN INTERNATIONAL
CONVENTION
Nice Agreement Concerning the International

Classification of Goods and Services,
Stockholm Act, since July 5th, 1972.
Trademark Law Treaty, since March 18, 2007.


8. REGISTRATION PROCEDURES
Filing an application for a Trademark registration is

available to any of the following:
1) Citizens of the Kingdom of Bahrain, or
2) National of a country member in the Paris Union,
or
3) Country whose nationals enjoy national
treatment under bilateral or international agreements
adopted by the Kingdom, or
4)Person has real and effective industrial or
commercial establishments in the territory of such
country

9. REGISTRATION PROCEDURES
An application for the registration of a trademark shall be

submitted to Department of the Industry and Commerce
(MOIC), to be registered using the form prescribed for such
purpose.
A single application may be filed to register a group of

identical trademark having substantially similar elements, if
their differences relate to elements which do not affect the
fundamental features
The applicant may enjoy the right of priority in accordance

with the provisions of Paris Convention for the protection of
industrial property subject to the provisions of Article (4)
Section (D) of that convention

10. REGISTRATION PROCEDURES
MOIC shall examine the application for the registration of trademark and

the annexes thereof to ascertain the fulfillment of the required
conditions.
On the light of the said examination MOIC will issue one of the following

decisions:
1) Accepting the mark: in this case, the MOIC will publish the
application in the Official Gazette.
It usually takes between 1 to 2 years for the mark to be published.

The reason for this lengthy time frame is due to the fact there are many
trademark application waiting to be published and MOIC deals with
publication on a “first come first serve” basis.
The application will remain published for a 60 day period, within which

time, any objections to trademark must be made. Assuming 60 day
period passes without any objection the Registration certificate of the
mark will be issued.

11. REGISTRATION PROCEDURES
2) Refusing the Mark: in this case, the applicant shall be
entitled to file an appeal within 3o days from the communication of
such decision.
The appeal shall be decided by the Committee of Appeals shall

within 60 days from the date of filing such appeal.
If the period of 60 days lapsed with no communication the refusal will

be considered approved by the committee of appeals.
If refusal has been approved by the Committee of appeals, the

applicant can challenge the decision before the court within 60 day
from the notification of such decision, or the lapse of period specified
for the deciding on the appeal with no communication

12. REGISTRATION PROCEDURES
The International Classification of Goods and Services for the

Purposes of the Registration of Marks under the Nice Agreement
is followed in Bahrain.
Goods or services shall not be considered similar to each other

for being classified within the same category of NICE
Classification, and Goods or services shall not be considered
different to each other for being classified in different categories
of NICE Classification.
Time Frame to obtain certificate of registration from Algerian

Trademark Office is approximately between 18-26 months

13. REGISTRATION PROCEDURES
The Trademark registration Requirements are as

follows:
1) A Power of Attorney on behalf of the applicant. POA should attested
by embassy of Bahrain and thereafter the ministry of foreign affairs of the
applicant.
2)A duly legalized Certificate of Incorporation of the applicant.
3) Official Copy of the Priority Document. If any priority is to be claimed.

14. PROTECTION PERIOD
& RENEWALS
The protection conferred by the registration of a trademark shall be

for a period of ten years as from the filing date of the application in
the Kingdom,
Protection may be extended to similar period or periods if the owner

of the trademark submits a renewal application to the competent
authority during the last year of the protection period in force.
The competent authority shall notify the owner of the trademark or

whoever is acting in his behalf of the expiry date of the protection
period of the mark in a period of at least six months prior to the
expiry date

15. PROTECTION PERIOD
& RENEWALS
Trademark registration will be canceled if six months lapse following

the expiry date of the protection period of such mark and its owner
fails to submit a renewal application,
If the registration of a trademark is cancelled, such mark shall not be

reregistered in favour of a third party for the same goods or services,
or for identical or similar goods or services, except after the lapse of
three years from the date of cancellation. On the other side, the
owner of such mark may request to reregister it at anytime that if it
has not been registered by another party.

16. OWNERSHIP TRANSFER, MORTGAGE &
SEIZURE OF TRADEMARKS
The ownership of a trademark may be transferred wholly or partly with or

without compensation, as well as by inheritance.
Such marks may be mortgaged or seized with or without the business

premises or the exploitation project for which the mark is used to
distinguish its goods and services. Acts of transferring ownership shall be
in writing to be valid.
The transfer of the ownership of a trademark or mortgage thereof shall

not be effective towards third parties except after an entry thereof is
made in the Register and published
If the ownership of business premises is transferred without transferring

the ownership of the trademark, the owner may continue to use the mark
to distinguish the goods or services for which the mark was registered,
unless otherwise agreed.

17. OWNERSHIP TRANSFER, MORTGAGE &
SEIZURE OF TRADEMARKS
The required documents for effecting a registration

assignment are as follows:
1) A Power of Attorney on behalf of the assignee, POA should
attested by embassy of Bahrain and thereafter the ministry of foreign
affairs of the applicant.
2) A duly legalized deed of assignment, signed by the assignor
and the assignee.
.

18. TRADEMARKS USE LICENSE
The owner of a trademark may license one or more persons to

use the mark for all or some of the goods or services for which the
mark was registered.
Such license to a third party shall not prevent the owner from

using his mark, unless otherwise agreed. Moreover, the license
period shall not exceed the period prescribed for the protection of
the mark
If the owner of a trademark request, within the license period, the

cancellation of the his mark, the license beneficiary has the right
to void such action. Unless, the licensee authorize such action in
writing, or expressly waives this right in the license contract

19. TRADEMARKS USE LICENSE
The required documents for effecting a registration

assignment are as follows:
1) A Power of Attorney on behalf of the licensee, POA should
attested by embassy of Bahrain and thereafter the ministry of foreign
affairs of the applicant.
2) A Power of Attorney on behalf of the owner, POA should
attested by embassy of Bahrain and thereafter the ministry of foreign
affairs of the applicant.
3) A duly legalized deed of assignment, signed by the assignor
and the assignee.
.

20. TRADEMARK OWNERSHIP
Any person who registers a trademark in good faith shall be considered

the sole owner thereof; it shall be inadmissible to dispute the ownership
of a mark if used for a period of at least five years with no legal dispute
concerning it.
If two persons or more submit an application at the same time to register

the same mark, or marks which are similar, the registration of the
applications shall be suspended until:
1) Either one presents an assignment in his favour signed by the
other parties to the dispute and approved by a competent government
authority, or
2) A final judgment is passed in favour of either one.

21. OWNERSHIP RIGHTS
The owner of a registered trademark has the right to

1) Use the mark exclusively, and
2) To bar third parties, not having his consent, from using his mark or
using any similar or identical sign thereof in the course of trade to
distinguish goods or services relating to the registered trademark.
3) To suspend the release of a counterfeit goods bear a mark similar
to his registered trademark and to prohibit circulation thereof. ( This right
will be discussed later under a separate topic)

22. CANCELATION ACTION
Any interested party can claim a cancelation of a registered trademark.

Such action may be based on the following grounds:
1) The trademark was registered in bad faith: in this case, the
plaintiff must raise his claim within five years from the date of the
registration of the mark. In addition he must prove the following:
a) He is the owner of identical/similar mark ( registration is
not condition)
b) He is using the mark prior to the use of the defendant.
c) The bad faith of the defendant.
2) The trademark in question has not actually been used seriously
for a period more than five uninterrupted years

23. Should you have any further Information,
please feel free to contact me at
Mohamed.ezz.ragheb@windowslive.com