BAHRAIN

• Filing Requirements:

1. A power of attorney with an Apostille certification.

2. A copy of the priority document with an Apostille certification (in case priority is claimed).

3. A certified copy of home or foreign registration certificate of the trademark.  If not available, a certified copy of the certificate of incorporation or extract from the commercial register of the applicant will suffice.

N.B:

The Bahraini Trademark Office declared on November 18, 2014 under directives numbered MS/14/34-1 that as of the said date onwards it is permitted under the practice of the Bahraini Trademark Registrar to file trademark applications and obtain filing number and date as well as the official filing certificate without the complete required documents which can be submitted within a non-extendable term of three months from the date of filing; or else their applications will be declared abandoned.

Search results need 4-5 working days to be issued.

Official trademark office search covers word marks and Logos.

• Time Frame:

The approximate time frame for completing the registration process of a trademark in Bahrain is from 14 to 18 months.

• Validity:

A Trademark registration is valid for ten years from the date of filing the trademark application. 

• Notes:

A separate application is to be filed for each class of goods/services.

In principle, a word mark registered in English language will give protection to its Arabic transliteration and will prevent a third party from registering the Arabic version. However, in practice it is required to register both versions in Bahrain (which can be filed together in one application) in order to have protection.

Following the recent introduction of value added tax in Saudi Arabia and the United Arab Emirates, VAT has been applied in Bahrain as of January 1, 2019. The VAT will apply to goods and services at the standard rate of five percent, with some limited exceptions on basic food items, healthcare, and education.

By way of background, the VAT Law is based on the common principles agreed by all Gulf Cooperation Council countries as outlined in the GCC VAT Agreement. Each member state of the GCC is expected to establish their own separate national legislation concerning the VAT and as such the detailed compliance requirements and set of rules will be outlined in each respective legislation.

• Renewal Requirements:

1. A power of attorney with an Apostille certification.

2. Copy of the final registration certificate or last renewal certificate.

• Notes:

Kindly be advised that, the validity of the trademark registration in Bahrain is ten years as from the filing date.  Thereafter, a trademark registration is renewable for further consecutive periods of ten years each.  

The renewal fees of a trademark registration can be paid during the last 12 months of the current protection period. There is a 6-months grace period within which a late renewal application can be filed, but such a late renewal application is subject to the payment of additional fees.

• Requirements for Recordal of Change of name/address:

1. A Power of Attorney in the new name and/or address with an Apostille certification.

2. A certified copy of certificate of change of name and/or address.

• Requirements for Recordal of assignment:

1. A Power of Attorney from the assignee company with an Apostille certification.

2. A copy of the deed of assignment executed by the two parties and sealed with their official stamps with an Apostille certification.

• Requirements for Recordal of license:

1. A Power of Attorney by the licensee company with an Apostille certification.

2. A copy of the license agreement signed by the parties with an Apostille certification.

• Notes:

In Bahrain a license agreement has to be in writing. Licensing of unregistered trademarks is not permitted. Licenses can only be recorded for registered trademarks. A trademark may be licensed for some or all of the goods or services in respect of which the trademark is registered. The sale of a registered trademark does not automatically terminate the license, unless provided for in the sale agreement or the license agreement originally executed by the two parties. There are no statutory provisions prescribing the terms of a license agreement, but the terms and conditions agreed upon between the two parties are regarded as valid.  

There are provisions in law for the recordal of a licensee. The recordal is not mandatory but may be requested by the parties. A license agreement will not have any effect against third parties unless registered and published in the Official Gazette. There is no time frame for the recordal of a license and there is no prescribed form or content for the validity of a license agreement.  The license agreement becomes effective and enforceable against third parties from the date of signature of the agreement, provided that it is recorded in the Trademarks Register and published in the Trademarks Gazette.