Trademarks Law in Bahrain
Sure! Here's an overview of trademark law in Bahrain:
Trademark Law in Bahrain
1. Legal Framework
Trademark protection in Bahrain is governed primarily by the Trademark Law issued by Legislative Decree No. 38 of 2017, which replaced earlier legislation to modernize Bahrain’s IP system.
Bahrain is a member of key international treaties, including:
The Paris Convention for the Protection of Industrial Property
The Madrid Protocol (since 2013)
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)
2. Definition of a Trademark
A trademark is any sign capable of being represented graphically and distinguishing goods or services of one entity from others.
This includes words, logos, letters, numerals, sounds, shapes, colors, or a combination.
3. Registration Process
Trademarks are registered at the Bahrain Ministry of Industry and Commerce - Intellectual Property Directorate.
The application undergoes formal and substantive examination to ensure:
Distinctiveness
No conflict with earlier registered or well-known marks
Publication in the official gazette allows for opposition by third parties.
If no valid opposition, the trademark is registered.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
It can be renewed indefinitely for successive 10-year periods upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark on or in connection with the registered goods/services.
Right to prevent unauthorized use of identical or confusingly similar marks.
Ability to license or assign the trademark.
6. Infringement and Enforcement
Infringement includes unauthorized use, imitation, or counterfeiting of a trademark.
Remedies include injunctions, damages, destruction of infringing goods, and criminal penalties.
Cases are handled by civil courts and the commercial courts in Bahrain.
7. Well-Known Marks
The law protects well-known trademarks even if not registered in Bahrain, providing broader protection against dilution or unfair use.
8. International Registration
Bahrain is a party to the Madrid Protocol, allowing trademark owners to apply for international registration covering Bahrain via a single application.
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