Introduction
Bahrain published and introduced trademark law on 29th May, 2016 and with this it became second nation in the Gulf Cooperation Council (GCC) to bring GCC trademark law into force after Kuwait where trademark law came into force in the beginning of this year. The GCC trademark law was initially published by GCC Secretariat in mid 2013 following many discussions. The trademark law can be enforced only after publication and acceptance by all the member nations. It is expected that all the members will take effective steps to bring the trademark law into force and it shall become applicable in the year 2017.
Highlights
As opposite to GCC Patent law this law provides for a separate trademark office and filing system in each member nation. GCC Patent law unifies patent registration and all the members will recognize patent issued by GCC Patent office (GCCPO). In other words, trademark holders looking to protect their interest in GCC have to file separate application in each country and obtain trademark registration unlike a single patent registration for all nations.
The law also provides for formation of Commercial Cooperation Committee which has been granted the power to make interpretation of trademark law and make amendments, if any required. It is not yet clear who will head this committee or how this committee will function but it will surely help to tighten the loose ends left in the making of law.
New trademark law also widens the definition of trademark to cover medium and small trademarks and also recognize the color and size of trademarks. It will boost the confidence of international trademark owners towards protection of their rights.
Trademark law also aims to regularize the filing requirements for trademarks in each country and it will become important for trademark owners to keep a track of these requirements.
Trademark law not only raises the fees but also sets non protractible deadlines for various procedural requirements like filing of application and has extended the previous time limits granted for some activities e.g. time limit of thirty days for filing an appeal against refusal of application is now increased to ninety days.
The law also protects the rights of brand owners by prohibiting third parties from using their marks which provides the owner the rights against infringes of registered trademark.
It also imposes stringent punitive provisions against the violators of the law that includes payment of hefty fines or imprisonment or both.
The lawmaker not only provides for protection of trademark owners interest from infringes but also provides timelines to regulatory authorities for dealing and closing the applications.
The undergoing enactments in trademark law in the region bring a lot of opportunities in the region.
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