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IP HIGHLIGHTS: Trademark Protection Framework in Bahrain

February 26, 2011

Filing Requirements
1. Power of attorney, legalized. A general power may be used for subsequent filings.
2. Copy of certificate of home or any foreign application or registration, certified; or certificate of incorporation, legalized; or certificate from the chamber of commerce indicating the nature of business, legalized.
3. Copy of priority document, if priority is claimed, certified.
4. 3 prints of the mark for each application. 

All the above documents must be submitted at the time of filing.

Opposition

Trademark applications accepted y the Registrar are published in the Official Gazette. Oppositions may be filed within 60 days from publication date.

Extension of Time

Extension of time for counter-oppositions or for responding to office actions is possible.

Protection Term

Trademark registrations are valid for 10 years from filing date and are renewable for like periods. There is a grace period of 6 months for late renewal with payment of a surcharge.

Documents required for renewal: Power of attorney, legalized.

 

Use Requirements

Use of a trademark is not required for registration or renewal of a mark. However, a trademark is vulnerable to cancellation by any interested party if there has been no effective use of the mark for a period of 5 consecutive years from registration date.

Assignment

Registered trademarks may be assigned with or without the goodwill of the business concerned. The assignment must be recorded within 3 months from execution date otherwise a surcharge is levied. Documents required: Power of attorney from the assignee and deed of assignment signed by both parties, legalized.

Change of Name/Address

Documents required: Power of attorney in the name or address, legalized; and a copy of certificate of change of name/address or a letter from the owner of the trademark to this effect addressed to the Registrar.

Licensing

License recordal is not compulsory but advisable in order to be effective against third parties.

Documents required: Power of attorney, legalized; and license agreement, legalized.

Marking

Marking is not compulsory

Cancellation

A trademark is subject to cancellation before the Court by any interested party within 5 years from registration date, unless the mark was registered in bad faith, in which case, there is no time limit.