How to File a Trademark Opposition in Bahrain: Step-by-Step Guide

In Bahrain, a key step in the trademark registration process is the publication of the application, which allows third parties to raise objections. If a business believes that a newly published trademark conflicts with its own registered mark or has a legal interest in doing so (such as being the owner of a similar mark or a previous user thereof), it may file a trademark opposition in Bahrain within 60 days from the date of publication. This deadline is strict and non-extendable by law; failure to act within this period forfeits the right to oppose. By incorporating this opposition window, the Kingdom of Bahrain ensures that trademark rights are safeguarded and that the integrity of the register is maintained.

Filing a Trademark Opposition in Bahrain

In Bahrain, a trademark opposition can be filed against an application that has been published in the Official Gazette. This process allows trademark owners to protect their existing or registered marks from potential conflicts.

Step 1: Monitor the Official Gazette

A critical stage in the trademark registration process is the publication of the application in the Official Gazette for Trademarks in Bahrain by the Patent and Trademark Office. Trademark owners and businesses should actively monitor these publications to identify any newly published marks that may be identical or confusingly similar to their own, in order to avoid any trademark conflict.

The opposition must be filed within 60 days of the publication date. Please note that the 60-day deadline is final and non-extendable by law. Once this window closes, the application proceeds toward registration and can no longer be challenged through opposition.

Step 2: Grounds for Trademark Opposition in Bahrain

Trademark oppositions in Bahrain must be filed with the Ministry of Industry and Commerce. Businesses need to understand the valid grounds for opposition, as this knowledge enables them to take timely action to protect their existing trademark rights.

A trademark application may be opposed in Bahrain on the following grounds:

Bad faith:
If the application was filed with dishonest intent or to unfairly benefit from another brand’s reputation.
Likelihood of confusion:
When the proposed mark is identical or confusingly similar to an existing registered trademark.
Non-compliance with registration standards:
If the mark fails to meet the legal requirements for registration under Bahraini law.
Descriptiveness or generic nature:
Marks that merely describe the goods/services or are commonly used terms cannot be registered.
Misleading or deceptive content:
If the mark is likely to mislead consumers about the nature, quality, or origin of the goods or services.

Step 3: Drafting and Filing an Opposition Notice

The opposition must be filed in writing, using the official form provided by the Trademark Office.

Grounds for Trademark Opposition in Bahrain:

Make sure that you clearly outline the legal grounds for opposition and be supported by relevant documentation and evidence.

Documents Required for Trademark Opposition in Bahrain:

Power of Attorney (POA):
- If the opposing party is a resident, the POA should be notarized.
- If the opposing party is a non-resident, it should be legalized and notarized.
Opposition Filing Statement:
A formal declaration outlining the opposition grounds.
Supporting Evidence:
Attach documents that substantiate the opposition, such as:
1. Registration details of similar Trademarks
2. Evidence regarding the use of the Trademark
3. Proof of business dealings between the applicant and the opposing party (if applicable).
4. Any documentation showing the applicant’s intent to mislead or act in bad faith.

Step 4: Submit the Opposition to the Ministry of Industry and Commerce (MOIC)

The trademark opposition must be formally submitted to the Ministry of Industry and Commerce (MOIC). When filing, the opposing party is required to pay the government opposition fee, which is currently approximately 100 Bahraini Dinars (this fee is an estimate and may change; it is advisable to check official sources). Ensure that all documents comply with Bahrain’s trademark regulations.

Step 5: Attend Hearings (If Required) and Opposition Outcomes

In certain cases, the Ministry of Industry and Commerce may schedule a hearing where both parties have the opportunity to present their arguments and supporting evidence. The Ministry will carefully review the opposition by checking the submitted documentation and determining whether the trademark application should be rejected or not.

If the opposition is successful:
The trademark registration application in question will be denied, which protects the rights of the opposing party and removes the conflicting mark from the register.
If the opposition is rejected:
The trademark registration application will proceed with its registration procedures. However, if the opposing party is not satisfied with the Ministry’s decision, they may appeal before the Commercial Court in Bahrain within 30 days from the date they are notified of the rejection decision. This provides a final opportunity for the opposing party to defend their rights in court.

Choose the Best IP Service Provider in Bahrain for Trademark Opposition:

One of the key aspects of trademark opposition is actively monitoring the Official Gazette to identify newly published trademarks that may conflict with existing rights. If a potentially infringing mark is identified, the opposing party must submit relevant and compelling evidence to support their claim; failure to do so may result in the rejection of the opposition. Given the procedural and evidentiary requirements, businesses are strongly encouraged to seek the support of experienced intellectual property professionals.

At this stage, businesses should seek the support of experienced intellectual property service providers such as Jitendra Intellectual Property Co WLL. Our team offers comprehensive trademark monitoring services and provides expert guidance in gathering the necessary evidence to support a trademark opposition in Bahrain.

📞 Contact us now for a consultation on how to protect your trademark in Bahrain and globally.

Frequently Asked Questions (FAQs)

What is the deadline for filing a trademark opposition in Bahrain?

The legal deadline for filing an opposition is 60 days from the date of the trademark application’s publication in the Official Gazette. This deadline is final and non-extendable.

What are the accepted grounds for opposing a trademark in Bahrain?

Accepted grounds include bad faith, likelihood of confusion with an existing mark, non-compliance with registration standards, the descriptive or generic nature of the mark, or misleading or deceptive content.

What documents are required for a trademark opposition in Bahrain?

Essential documents typically include a Power of Attorney (notarized and legalized if the party is non-resident), a formal opposition filing statement, and supporting evidence such as details of similar trademark registrations or proof of trademark use.

How much does it cost to file a trademark opposition in Bahrain?

The government fees for filing a trademark opposition are currently approximately 100 Bahraini Dinars (an estimated amount). It is always advisable to check the latest fee schedule from the official sources of the Ministry of Industry and Commerce.

What happens after a trademark opposition is filed?

After the opposition is filed, the Ministry of Industry and Commerce reviews the application and evidence. If the opposition is successful, the trademark application is denied. If the opposition is rejected, the opposing party can appeal the decision before the Commercial Court within 30 days from the date of notification of rejection.