Trademark is a form or sign that differentiates a product, brand, or service of one business entity from other business entities. Additionally, a minimalistic mark, sound or smell can be considered as a trademark post-registration. A registered trademark gives the owner the right to use it and bars others from doing so. Violation of a trademark can face a lawsuit in a court of law.
What is a Trademark?
A trademark may be any word, phrase, image, design, or combination of these items that identifies your goods or offerings. It’s how clients recognize you within the market and distinguish you from your competitors.
The phrase “trademark” can refer to both trademarks and provider marks. An indicator is used for goods, while a service mark is used for offerings.
- Identifies the source of your items or services
- Affords legal protection for your logo
- It facilitates you to protect against counterfeiting and fraud.
A very common false notion is that having a trademark means that you legally own a selected phrase or phrase and may save others from using it. However, you don’t have rights to the word or phrase in general; what you can assure most effectively is how that word or phrase is used with your specific items or services.
How to Register a Trademark in Bahrain?
In Bahrain, intellectual property trademark registration follows two slightly different procedures for nationals and foreigners.
- Nationals and residents of the nation: Bahraini nationals can register a trademark by submitting a trademark application to the Trademark Office at the Industrial Property Directorate, Bahrain.
- Foreigners and non-residents: Foreign applicants who are not residing in Bahrain can carry forward the process of trademark registration by applying through Intellectual Property Agents or authorized law firms assigned by the Industrial Property Directorate, Bahrain.
Required Documents and Prerequisites for Trademark Registration in Bahrain
- A soft copy of the trademark in the form of a JPEG
- A Power of Attorney signed by the applicant of the trademark. It must be notarized by a Notary Public and legalized in Bahrain or any other Arab consulate in the applicant’s country
- A completed trademark search or registration order form along with goods and services listed within the limit of 6 lines
- A certified copy of the priority document when it was claimed
- A certified copy of the home registration or any foreign registration of the trademark (with the exception of banned or boycotted countries). In case of unavailability of the registration certificate, one of the following documents can be used:
- Certificate of incorporation of the applicant’s company
- Certificate issued by the Registrar of Companies
- Extract of the entry of the applicant company in the Commercial Register
- Certificate issued by the Chamber of Commerce.
The above-mentioned alternatives must be notarized.
In Bahrain, the protection period of a trademark is ten years from the date of application. For future protection of the trademark or if the owner seeks to continue with protection for several similar tenures, a renewal application can be filed during the last year of each protection period. However, late payment is possible within a term of a grace period of 6 months together, along with the payment of a corresponding additional charge.
The entire procedure of trademark registration, if conducted smoothly, will take you approximately six months.
The trademark may face cancellation in case the trademark has been inactive for five years from the date of registration.
Trademark e-Services in Bahrain
The Ministry of Industry, Commerce, and Tourism of Bahrain has launched an online portal for going ahead and registering a trademark or patent. Trademark e-Services offered by MOIC enable the online application of trademarks for Bahraini citizens, residents, and legally authorized agents registered with the Industrial Property Directorate.
The portal also allows the filing of an objection against the acceptance of a Trademark application or grievance against the refusal of a Trademark application.
Advantages of Having your Trademark Registered
First and foremost, a trademark adds great value and credibility to your business or company. Having a registered trademark in Bahrain designates the owner several special rights, such as
- Whole ownership of a certain trademark
- The right to prevent others from using the mark without prior permission
Additionally, the owner of the trademark can put their trademark to use in numerous ways, such as:
- The exploitation of the trademark to protect their market share
- Debars any individual or entity from copying it.
- License it out to third parties for commercial purposes, for example, a franchise.
- Downright sell the trademark for a certain amount and value, as seen in the cases of company acquisitions.
- Using the trademark to increase equity for a business undertaking and other related purposes
We at Business Setup Worldwide carefully screen and examine the trends in global IP movements. Our proficient and skilled Advisors provide assistance and steer our clients onto the path best suited to their business needs. We are highly capable of assisting you with all the procedures involved in company incorporation in Bahrain to IP rights services. If you have any questions, contact us, we’d be happy to help!