Assignments for Bahrain

Transferring Rights into Bahrain: Assignments That Get Recorded

An assignment transfers a right from one party to another: ownership of a trademark or patent, the benefit of a contract, a debt, or shares in a company. When the right exists in Bahrain or must be recognized there, the assignment signed in the U.S. becomes part of a Bahraini file, and the Bahraini office will record the change only if the document is properly executed and apostilled.

Trademark and patent assignments

Trademarks and national patents in Bahrain are administered by the Ministry of Industry and Commerce. When a U.S. company sells a brand, merges, or moves its intellectual property to another group company, the Bahraini registrations must be updated or the registry continues to show the old owner, which can complicate renewals, licensing and enforcement. Bahrain is part of the Madrid system for trademarks and the PCT for patents, and GCC patents are handled by the GCC Patent Office. Each route has its own recordal procedure, so confirm with your Bahraini agent which office the assignment goes to.

Contract and receivable assignments

A U.S. company that assigns a distribution, agency or supply contract with a Bahraini counterparty to an affiliate or buyer needs a written assignment, and usually the counterparty’s written consent, especially for commercial agency arrangements. Assignments of receivables owed by Bahraini customers, for example in a financing or sale of a business, are signed the same way.

Share transfers in Bahraini companies

When a U.S. shareholder transfers its shares in a Bahraini company, the transfer is processed through the commercial registration system. The registry typically asks for the transfer documents, a board resolution of the U.S. shareholder approving the transfer and authorizing its signatory, and proof that the U.S. company exists, all apostilled.

Two routes, depending on the document

An assignment signed by the parties is a private document. Each signer signs before a U.S. notary, and the Secretary of State of the notary’s state apostilles it. A copy of an assignment recorded at the USPTO, certified by that federal office, is apostilled by the U.S. Department of State instead. Bahrain has accepted apostilles since December 31, 2013, so neither route needs the Bahrain Embassy.

Drafting for the Bahraini record

List each Bahraini registration or contract by number and date, name both parties exactly as registered, state the effective date, and include the consideration where the registry asks for it. A bilingual English/Arabic assignment, or a certified Arabic translation made in Bahrain, is generally needed for recordal.