T1: How long will it take to conduct a trademark search?
- Five or six working days.
T2: Does Bahrain use the international classification?
- Yes. The 9th edition of NICE International Classification of Goods & Services.
T3: Are there any goods or services for which the mark cannot be registered?
T4: Does the specification of goods in any class limit the protection to the specified goods, or does it give additional protection to all the goods in the class?
- It gives protection to all goods in the class.
T5: Can a trademark be registered in the name of more than one applicant ( i.e. joint application) ? If so, what are its requirements?
- It is possible to register a trademark jointly in the names of more than one applicant. The requirements are the same as in the case of a single applicant.
T6: Can an application be filed without its complete documents?
T7: Can one application cover more than one class of goods/services?
- No. A separate application must be filed for each class of goods or services.
T8: May priority be claimed under the Paris Convention?
- Yes, Bahrain is a member of the Paris Convention since October 29, 1996.
T9: What is the term of protection of a trademark? From what date is it calculated?
- 10 years as of the filing date.
T10: Is marking compulsory?
T11: In case a trademark is not renewed in due time, and another company register the same trademark, can the original owner oppose that registration?
- Yes. A third party cannot register the same trademark unless after the lapse of three years of the date of cancellation of the registration of the original owner.
T12: If the trademark had been filed incorrectly, what documentation would be required to amend the official register to show the correct details?
- A letter from the owner to the Industrial Property Office requesting for the amendment. However, amendment of a mark is only possible before examination of the application.
T13: Is use required before registration or for maintaining the registration in force?
- - Use of a mark is not required for filing a trademark or for maintaining a trademark registration in force. However, a mark is vulnerable to cancellation if a third party can establish that the mark was not seriously used for 5 years in a particular class of goods or services, unless the owner provides a justification for non-use.
T14: Is use of the trademark on one item sufficient to maintain the protection for all the goods covered by the registration?
T15: What are the types of use required?
- The law does not provide for the types of use required. However, in cases of disputes the following are considered as 'use':
* The actual use of the mark on the goods and promotional materials.
* Advertisement in the newspapers and publications.
* Evidences of import or export of goods bearing the mark, like invoices and shipping documents.
T16: Can the assignment of an application be recorded?
- Yes, but only registered marks can be assigned.
T17: Is recording a license agreement compulsory? What are the consequences of non-recordal?
- Recording a license is not compulsory but highly recommended in order to protect the rights of the owner of the trademark. An agreement is not valid or enforceable against third parties if it is not recorded.
T18: Can recordals such as change of name, address, merger, assignment, license, etc., be made against pending applications?
T19: Can an assignment be made with or without the goodwill? What monetary consideration is to be mentioned as the value of the assignment? Is there any tax based on the value mentioned?
- An assignment must be made with goodwill. Consideration must be stated but a nominal amount of US$1 is acceptable. No tax is applicable.
T20: Can the trademark application be opposed and what is the opposition period?
- Yes. 60 days as of the date of publication in the Official Gazette