Bahrain, a nation comprising more than 30 islands in the Arabian Gulf, has been at the center of major trade routes since antiquity. The country became a member of World Intellectual Property Organization (WIPO) since June 22, 1995, The Kingdom of Bahrain has been a WTO member since 1 January 1995 and a member of GATT since 13 December 1993. And it is Gulf corporation council (GCC) also. As well as some conventions like Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement
Intellectual property legislation includes Law No. 6 of 2014 approving the trademarks law of the Gulf Cooperation Council States (Gulf Cooperation Council) (2014), Law No. 22 of 2006 relating to the protection of copyright and neighboring rights (2006), Law No.14 of 2006 amending some provisions of Law No.1 of 2004 in respect of patent and utility models (2006), Law No. 6 of 2006 on Designs and Models (2006), Law No. 16 of 2006 amending Law No. 16 of 2004 on the protection of Geographical Indications (2006), Law No. 1 of 2004 relating the protection of Geographical Indications (2004), Law No. 1 of 2004 on patent and Utility Models (2004).
Intellectual Property matters are administered by the Industrial Property Office which is under the supervision of the Ministry of Economy and Commerce.
Bodies: World Intellectual Property Organization, World Trade Organization, Gulf Cooperation Council (GCC)
Conventions: Berne Convention, Brussels Convention, Paris Convention, Patent Law Treaty, Rome Convention, Trademark Law Treaty, WIPO Copyright Treaty, WIPO Performances and Phonograms Treaty, Budapest Treaty, Madrid Protocol, Nice Agreement
Official languages: Arabic
Government: Unitary constitutional monarchy
Currency: Bahraini dinar (BHD) (1 BHD = 2.65 $)
Bahrain Trademark Law Download
Bahrain Trademarks office is administered by Industrial Property Office which is under the supervision of the Ministry of Economy and Commerce.
FOLLOWING INDICATIONS MAY BE USED AS TRADEMARKS IN BAHRAIN:
- Invented Words
- Names & Trade Names.
- 3D Marks
- Combinations of colours, single non- functional coulours
- Sound and smell marks
- Combination of colours, single non- functional colours
- Distinctive representations
- Symbols, Stamps, Seals
- Combination of all of the above
10th edition — single class application
- Multi-class filing system not applied
- Accepted trademarks are published in the Official Gazette upon grant of fee
- Opposition period is 60 days from the date of publication
- The assignment of a trademark or service mark can be recorded once the mark is registered in the country.
- The registrant of a trademark or service mark is also obliged to record any change in his name and/or address with the Trademark Registry.
- 10 years from filing date and renewable for like periods
- Trademark could be renewed anytime during the last 12 months of the protection period
- A grace period of 3 months from the date of expiry is allowed, but with the penalty
- The Third parties can register the mark only after 3 years of expiry of registration.
RIGHTS OF TRADEMARK OWNERS
Trademarks may be:
- Transferred in whole or in part
- Assigned and licensed.
- Mortgaged and creditors may seize such trademarks belonging to their debtors.
- Licensed to natural or legal persons
- Prevented from unauthorized usage by third parties
- The subject of appropriate redressal from a court of law upon infringement
TRADEMARK USAGE IN BAHRAIN
It is not compulsory to use the mark for filing applications or maintaining the registration in force. Continuous usage of the mark for 5 years post registration is necessary to avoid 3rd party claims on the mark.
Unauthorized use of a trademark registered under the law or an imitation of such trademark applied on goods and services of the same class, or sale, storing for the purpose of sale, or exhibiting for sale of goods and services bearing a counterfeited mark, or using a mark duly registered under the law by another person to serve the purpose of unauthorized promotion of goods or services of the same class are offenses punishable under the law
Requirements for Registration of a Trademark:
- Power of attorney, legalized. A general power of attorney may be used for subsequent filings
- Copy of certificate of home or any foreign application or registration, legalized; or certificate of incorporation, legalized; or certificate from the chamber of commerce indicating the nature of business, legalized
- Copy of priority document, if priority is claimed, certified. (All the documents must be submitted at the time of filing)
Renewal of Trademark / Service Mark Registrations:
- A simply signed power of attorney, stamped with the company’s seal
- The number and date of registered trademark/service mark
- A power of attorney by the assignee, duly legalized from the Bahrain consulate
- A duly legalized deed of assignment signed by the assignor and the assignee
Registered User Applications:
- A power of attorney by the registered user duly legalized from the Bahrain consulate
- Power of attorney by the original owners of the trademark, duly legalized from the Bahrain consulate
- A license agreement or a registered user agreement duly legalized
- A power of attorney legalized up to the Bahraini Consulate
- An Agency Agreement executed by the Principal and the Agent, legalized up to the Bahraini Consulate
Bahrain Patent Law Download
- Any patent application filed under GCC Patent Law is completely valid in Bahrain
- Applications will be published in the official gazette upon grant.
- Opposition period is 60 days from the date of announcement
- 20 years from the international filing date
- Due annually on the anniversary of the international filing date and payable after grant.
- Grace period of 6 months for late payment, but with the penalty
For Filing the Patent Application:
- An original signed PoA, notarized and legalized up to the Bahrain Consulate
- An extract from the Commercial Register or from the Memorandum of Association, if the applicant is a company, duly legalized
- One copy of the English specification and claims together with its Arabic translation
- One set of the drawings relating to the invention, if any
- An abstract of the invention of no more than 200 words, together with the best explanatory diagram
- A deed of assignment signed by the inventor and the applicant and duly legalized up to the Bahrain consulate, if the applicant is not the inventor
- A certified copy of the application giving the filing date, number and country, if the application is to be filed with a priority claim
For Change of Name or Address:
- Legalized POA, (If new name)
- Extract from the commercial register or any other document evidencing this change duly legalized..
- Legalized POA
- A deed of assignment executed by both parties and duly legalized (Documents must be translated into Arabic upon submission)
Bahrain Copyrights Law Download
The provisions to provide legal protection to the copyright- related issues have been incorporated in Bahrain in the shape of Bahrain Copyright Law No. 22 of 2006. Bahrain is a member of the Berne Convention for the Protection of Literary and Artistic Works.
The copyright law provides protection for original intellectual works of art in literature, science, arts and culture in general. The law provides protection irrespective of the value, type, manner of expression or purpose of the work. The author may assign the rights granted to him subject to prescribed terms and conditions.
The approximate time frame for completing the registration process is 4 to 6 weeks
In general, the duration is the artist's life, with the addition of 70 years starting from the date of the artist’s passing.
COPYRIGHT IS PROTECTED FOR;
- Written works,
- Cinematographic films,
- Theater and musical pieces,
- Television and radio works for publication,
- Sculpture and architecture,
- Maps and speeches
- Software & Computer programs
REQUIREMENTS FOR FILING
- Legalized Power of attorney
- 1 copy of the work of art