Trademarks
T1: How long will it take to conduct a trademark search?
5-7 working days.
T2: Does your country use the international classification?
Yes.
T3: Are there any goods or services for which the mark can not be registered?
No.
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 the 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? If yes, what is the deadline for filing the documents?
No.
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?
Bahrain has been a member to the Paris Convention since October 29, 1996. However, the Industrial Property Office has not yet implemented procedures allowing applicants to claim priority.
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 and, if so, how should marking be made?
No.
T11: In the event a trademark is not renewed in due time, and another company registers the same trademark, can the original owner oppose the registration or not?
Yes. A third party can not register the same trademark except after the lapse of three years of the date of cancellation of the registration of the original owner.
T12: If the trademark was filed incorrectly originally, what documentation would be required to amend the official register to show the correct details?
A letter from the owner addressed to the Industrial Property Office requesting the amendment.
T13: Is use required before registration or for maintaining the registration in force?
No. However, the 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 in respect of all the goods covered by the registration?
Yes.
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 in promotional materials.
- Advertisement in newspapers and publications.
- Evidence of import or export of goods bearing the mark, like invoices and shipping documents.
T16: Can the assignment of an application be recorded?
Yes. However, 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 is 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 a change of name, address, merger, assignment, license, etc., be made against pending applications?
No.
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 a trademark application be opposed, and what is the opposition period?
Yes. 60 days as of the date of publication in the Official Gazette.
Patents
P1: Can a patent search be conducted?
Yes.
P2: Can a patent application be filed without its complete documents?
No. However, the Arabic translation of the patent specification can be submitted later to filing the application.
P3: Can convention priority be claimed? Paris Convention?
Bahrain has been a member to the Paris Convention since October 29, 1996. However, the Industrial Property Office has not yet implemented procedures allowing applicants to claim priority.
P4: Can a registration be obtained for pharmaceutical products?
Yes.
P5: What is the term of protection of a patent, and from which date is it calculated? Can it be extended?
15 years as of the filing date. It can be renewed for extra 5 years, if the patent is of special significance and has not brought in a return proportional to the expenditure incurred by the inventor.
P6: Is a secret form of filing a model/design permitted?
No.
P7: Is there a novelty requirement? Is it local or universal?
Not applicable.
P8: Are utility models granted protection in your country under the Current Law?
No.
P9: Is patent protection available for software alone, or must the software be coupled with computer hardware in order to permit patent application?
It depends entirely on the basic registration since the registration of a patent in Bahrain is based on a corresponding home registration or any other foreign registration of the patent.
P10: Can the specification or claims be amended?
The specification or claims can be amended only if the Bahraini registration has not been issued. If it is already issued, a new patent application must be filed.
P11: Could annuity payments be made before the granting of the patent?
Annuities are not applicable.
P12: In what language should the specification and claims of the patent be filed?
The specification and claims can be filed in any language provided that it is accompanied by an English translation (if it is not in English) and an Arabic translation.
P13: Is working of the invention required to keep protection in force and, if so, can the working requirements be satisfied by importation or nominal working?
No. The Law does not provide for it.
P14:What are the conditions that might lead to a compulsory license?
Not applicable.
P15: Must assignments be recorded within a certain period?
No.
P16: Does the Patent Law provide for licenses or registered users?
No.
P17: Does the Patent Office publish patent applications in the Official Gazette?
Yes. Applications may be opposed within 30 days from the date of publication in the Official Gazette.
Designs
D1: Are designs registrable in your country?
Yes.
D2: Should the design application be filed under the form of drawings and/or photographs, the size thereof and the number of views?
It can be either in the form of drawings or photographs of any convenient size, and should show at least three views of the design.
D3: What are the novelty requirements for a design application to be valid?
There are no novelty requirements.
D4: Can convention priority (Paris Convention) be claimed in your country?
Bahrain has been a member to the Paris Convention since October 29, 1996. However, the Industrial Property Office has not yet implemented procedures allowing applicants to claim priority.
D5: Does your country use the international classification?
Not applicable.
D6: Are there any goods or services for which the design can not be registered?
Not applicable.
D7: Is the assignment by the creator compulsory for a design application?
Yes.
D8: Is there any deadline to apply for the publication of a secret filing of a model/design?
Not applicable.
D9: Are there any special advantages in filing a model or a design in a secret form?
Not applicable.
D10: Is it possible to file more than one design/model in the same application? If yes, are there any advantages in doing so?
No. A separate application must be filed for each design.
D11: What is the term of protection of a model or design in your country? Can this term be extended?
5 years as of the date of filing and may be renewed for two further periods of 5 years each.
D12: Is use required to maintain a registration of a model design in your country?
No. However, a design registration is vulnerable to cancellation if a third party can establish that the design was not seriously used for 5 years, unless the owner provides a justification for non-use.
D13: Are designs/models protected by copyright law as well?
No.
D14: Are there provisions in your law to oppose a model/design application?
A design application may be opposed within 30 days as of the date of publication in the Official Gazette.
D15: Is it possible to apply for the cancellation of a model/design filed in a secret form?
Not applicable.
Copyright
C1: Is copyright protected in your country?
Yes.
C2: What types of items are protected by copyright law in your country?
Creative works which are of a literary, scientific, artistic and cultural nature are protected by copyright law in Bahrain.
C3: What is the length of protection of a copyright in your country?
Up to 50 years after the death of the author.
C4: How long does a copyright take to be registered?
One week.
C5: What kind of sanctions does your copyright law provide against infringers?
Imprisonment not exceeding one year and/or fine not exceeding BD 1000 (US $ 2,666.00).
C6: Are there any limitations to copyright in your jurisdiction?
No.
C7: Must transfer agreements be recorded?
Yes.
C8: Must license agreements be recorded?
Yes.
C9: Are there any consequences of non recordal of agreements?
Not applicable.
Domain Names
N1: Are Domain names protected under a special law?
No.
N2: Must the Domain name be used in order to have protection?
Domain names are registered on a rental basis through the Bahrain Communications Company (BATELCO), the only service provider in Bahrain.
N3: Can I register the domain name as a Trademark for protection? If Yes which class?
Yes. In class 35.
N4: What is the length of protection of a domain name in your country?
A domain name registration is valid as long as the monthly rental charges are paid.
N5 : If the domain name is linked to the the original website, is the client liable for any material existing on the original website?
Not applicable.