WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IPINIIIBHRff/2 
21 July 2000 
(00-3029) 
Original: English! 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BAHRAIN 
The present document reproduces the textl of Ministerial Order N° 12 of 1993 concerning the 
Implementation Regulations of Legislative Decree N° 10 of 1991 with respect to Trade Marks, as 
notified by Bahrain under Article 63.2 ofthe Agreement (see document IPINIIIBHRJ3). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BAHREIN 
Le present document contient Ie texte' de l'Arrete ministeriel n° 12 de 1993 concernant Ie 
Reglement d'application du Decret Iegislatif nO 10 de 1991 relatif aux marques de fabrique ou de 
commerce, notifie par BahreIn au titre de l'article 63:2 de l'Accord (voir Ie document IPINIIIBHRl3). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL P ARRAFo 2 DEL ARTicULO 63 DEL ACUERDO 
BAHREIN 
En el presente documento se reproduce el texto' de la Orden Ministerial N° 12 de 1993 que se 
refiere al Reglamento de Aplicacion del Decreto Legislativo N° 10 de 1991 relativo a las marcas de 
fabrica, notificada por Bahrein de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IPINIIIBHRl3). 
1 In English only. The text in the original language is available for consultation by interested 
Delegations at the WTO Secretariat.lEn anglais seulement. Les delegations interessees peuvent consulter Ie 
texte, dans sa langue d'origine, au Secretariat de rOMC.lEn ingles solamente. Las delegaciones interesadas 
podran consultar en la Secretaria de la OMC el texto en su idioma original. IPINI1/BHRlT/2 
Page 2 
STATE OF BAHRAIN 
MINISTRY OF COMMERCE AND AGRICULTURE 
MINISTERIAL ORDER NO. 12 OF 1993 CONCERNING THE IMPLEMENTATION 
REGULATIONS OF LEGISLATIVE DECREE NO. (10) OF 1991 WITH RESPECT 
TO TRADE MARKS 
The Minister for Commerce and Agriculture, 
having examined Legislative Decree No. 10 of 1991 with respect to Trade 
Marks, 
and upon the submission of the Undersecretary of the Ministry of Commerce 
and Agriculture, 
HEREBY ORDERS: 
Article 1 CHAPTER ONE 
REGISTERING TRADE MARKS AND 
MAINTAINING REGISTERS 
The Commercial Registry at the Directorate of Commerce and Companies Affairs 
shall undertake and supervise the maintenance of a trade marks register wherein 
the registration application shall be recorded under serial numbers according to the 
dates of depositing all the marks, owners' names, addresses, description of their 
goods, products or services and whatever action affecting such marks as ownership 
transfer, assignment, permission to use, mortgage or any other amendments. 
Article 2 
A page shall be allocated for each trade mark registration application in the Trade 
Mark Register in the form of a schedule, with the Register pages bearing serial 
numbers, stamped by the Commercial Registry's official seal and each page 
allocated for registration shall contain the following details: 
1. Application number. 
2. Date of application. 
3. Deposit number. 
4. Applicant's name, address, nationality and residential address. 
5. Picture of the mark. IP fNIlIBHR/T 12 
Page 3 
6. category and details of the goods and services according to the international 
classification. 
7. The authorised agent in the State of Bahrain and his address. 
8. All the dates relating to publication and registration which were published in th 
Official Gazette. e 
9. Renewal of registration. 
10. Amendments affecting the registration process. 
Article 3 
Applications for the registration or entry of trade mark alterations such as ownership 
transfer, assignment, permission to use, mortgage or any other alterations shall be 
made using the forms prescribed for this purpose. Documents which confirm such 
alterations, together with the receipts which show the payment of the fees, shall be 
attached therewith. 
Article 4 
Details to be entered in the Registry shall be written in clear handwriting without 
abbreviation, alteration or erasing. 
Article 5 
Applicants, whether natural or corporate persons, shall submit their applications to 
the Commercial Registry at the Directorate of Commerce and Companies Affairs, 
which shall prove their identity and capacity before receipt of such applications. 
Applicants may deputize others to submit such applications on their behalf by virtue 
of a special power of attorney which shall be deposited with the Commercial 
Registry. 
Article 6. 
Accepted applications shall be given serial numbers in accordance with their dates 
of deposit. Every year numbering shall begin with the first day of January. IP/N/I/BHRlT/2 
Page 4 
The Commercial Registry shall indicate on each application the serial number 
together with the date and time of deposit thereof and shall give the applicant a 
receipt containing the following details: 
1. Serial number of application. 
2. Date and time of deposit. 
3. Applicant's name and his authorised agent in Bahrain. 
4. Brief description of the trade mark to be registered. 
5. Details of the intemational category required. 
Article 7 
Applications referred to in the above Article shall be recorded in the Registry in 
accordance with the sequence of their deposit. This shall be effected by recording 
the details therein in the columns designated for them in the register. These entries 
shall be given serial and consecutive numbers. 
Article 8 
In the event of entering details whereby the particulars recorded in the registry may 
be changed or altered, such details may be crossed out with a red pen and the new 
details shall be recorded in the same space. Besides, the entry date thereof, 
together with the document approving such alteration and its date, shall be 
indicated in the margin. 
Article 9 
In addition to the conditions provided for in Article 7 of Legislative Decree No. (10) 
of 1991 with respect to Trade Marks, the following details shall be contained in an 
application for registration. 
1. A copy of the form of registration in the Commercial Registry and a copy of the 
most recent renewal for Bahrainis and residents who are registered in the State 
of Bahrain. 
As for non-residents, a registration certificate of the trade mark to be registered 
or an official certificate authenticated by the country of origin containing the 
business activities of the company shall be submitted. IP/NI1 IBHRlT/2 
Page 5 
2. Class and details of goods, products and services in aCCOrdan 'th ..... 
intemational classification. ce Wi ",.0 
3. A letter from the Israel Boycott Office indicating that the company's status In the 
case of foreign and non-Arab companies and firms, is sound. . I 
4. Documents shall be issued in Arabic in accordance with the provision of Article 
22 of these Regulations. 
Article 10 
Each person, prior to submitting his trade mark registration application, may enquire 
from the Commercial Registry about whether such trade mark is free of legal 
restrictions provided for in Article 5 of Legislative Decree No. (10) of 1991 with 
respect to Trade Marks. He may also request inspecting the register of trade marks 
whose applications for registration have not yet been decided upon so as to ensure 
that there are no marks identical or similar to the marks required for registration. 
Each application shall be limited to one mark and one class and shall be submitted 
on the form prescribed for the purpose. Two pictures of the trade mark shall be 
enclosed therewith and details of the goods, products and services which 
distinguish the mark shall be contained therein. The applicant shall be given a 
certificate stating the result of the said inspection on payment of the prescribed fee. 
Nevertheless, no right shall arise in his favour by virtue of such certificate. 
Article 11 
1. If the Commercial Registry approves the trade mark, it shall be published in the 
Official Gazette in accordance with the provision of Article 14 of Legislative 
Decree No. (10) of 1991 with respect to Trade Marks. 
2. The Commercial Registry shall publish in the Official Gazette the trade mark 
which completes the objection period, on payment of the prescribed fees. The 
publication shall be limited to: 
1. Application number. 
2. Registration date. 
3. Class number. 
4. Issue number of the Official Gazette wherein the application for registration 
was published. IPINIlIBHRlT/2 
Page 6 
Article 12 
In the event of objecting to the decision of the Commercial Registry, whether in the 
case of registration applications, transfer of trade mark ownership, its mortgage or 
lien, the grievance procedures provided for in Article 13 of Legislative Decree No. 
(10) of 1991 with respect to Trade Marks shall be followed. 
Article 13 
The owner of a trade mark may submit an application to the Commercial Registry 
for permitting a natural or corporate person to use his trade mark with regard to all 
or some of the products or services for which the mark was registered, after 
submitting the documents it requires. Hence, the trade mark owner shall be entitled 
to authorise others to use the said mark and to use it himself unless otherwise 
agreed upon. However, the permission period shall not exceed the period 
prescribed for protecting the trade mark. 
Article 14 
In addition to the conditions and restrictions provided for in Articles 25 and 26 of 
Legislative Decree No. (10) of 1991 with respect to Trade Marks, the following shall 
be complied with: 
1. The licence contract shall be authenticated by a competent authority in the 
Sate of Bahrain or in any country which offers the State of Bahrain a reciprocal 
treatment. 
2. The Commercial Registry shall register the licence in the register and publish it in 
the Official Gazette in the same manner as an application for a licence 
registration. Provided that no objection is filed against the said application, in 
accordance with Article 14 (Paragraph 2) of Legislative Decree No. (10) of 1991 
with respect to Trade Marks, the Commercial Registry shall publish the licence 
registration in the Official Gazette. 
Article 15 
Upon the publication of an application for registration of a trade mark registered 
user, the Commercial Registry shall rely upon the following details: 
1. Name of the registered trade mark owner, his address and nationality. 
2. Name of the registered user, his address, nationality and capacity. 
3. Application number. 4. Date of registration. 
5. Class number. 
6. Conditions of use (if any). 
CHAPTER TWO 
. DETAILS OF THE CONDITIONS REQUIRED 
FOR REGISTRATION OF COLLECTIVE MARKS 
Article 16 IPINIlIBHRlT/2 
Page 7 
Natural and corporate persons undertaking the control of certain products or 
services or the inspection of their origins, components, method of manufacture 
performance, description or any other characteristic shall be permitted to register ~ 
collective mark by virtue of a licence issued by the Ministry of Commerce and 
Agriculture. Upon registration of such trade mark, all the effects provided for in 
Legislative Decree No. (10) of 1991 with respect to Trade Marks shall accrue. 
Collective mark ownership may be transferred only by means of a private licence 
issued by the Minister for Commerce and Agriculture. 
Article 17 
In addition to the conditions provided for in Article 7 of Legislative Decree No. (10) 
of 1991 with respect to Trade Marks, the following details shall be contained in an 
application for registration of a collective marie 
1. A facsimile of the Memorandum or the Articles of Association of a Society, an 
organisation or a group which requires the registration of the said mark, together 
with a copy of any alterations to such documents. 
2. A copy of the rules and procedures which sh311 be followed by the applicant for 
the purpose of control or inspection of the products or services, in addition to the 
details of conditions and restrictions which shall be complied with in respect of 
such products or services. 
3. Details of how the collective mark for products or services shall be used. 
4. Details of the class of the collective mark required in accordance with the 
international classification. IP /N/lIBHRIT /2 
Page 8 
5. A lettar from the Isr~el Boycott Office stating that the company's status, in the 
case of foreign and non-Arab companies and firms, is sound. 
6. All documents shall be prepared in Arabic in accordance with the provision of 
Article 22 of these Regulations. 
Article 18 
Collective marks shall not be re-registered in favour of third parties with regard to 
identical or similar products, goods or services. 
Article 19 
Provisions of Legislative Decree No. (10) of 1991 and provIsions of these 
Regulations shall be applicable to collective trade marks without prejudice to the 
provisions related to such marks. 
CHAPTER THREE 
PROCEDURES 
Article 20 
1. The owner of a mark may at any time seek the issue of an order from the 
competent Court to take the necessary precautionary measures in respect of 
machines and tools used in committing the offences stipulated in Article 31 of 
Legislative Decree No. (10) of 1991 with respect to Trade Marks in addition to 
the products, goods, covers, papers and others on which the forged, imitated or 
illegally used mark was displayed with his knowledge. 
2. It shall be allowed to levy a distress upon importing the goods which are subject 
to the previous ban as soon as they are imported from abroad. 
3. The Directorate of Commerce and Companies Affairs may request the Customs 
Directorate that a ban be imposed on the entry of whatever goods or products 
bearing a mark which is forged imitated or illegally used or displayed once this 
offence is proved by the competent authorities. 
Article 21 
Officers of the Commercial Registry shall be empowered to ascertain the 
implementation of the provisions of Legislative Decree No. (10) of 1991 with -IPINIlIBHRlT/2 
Page 9 
respect to Trade Marks as well a s the provisions of these re ul . . • 
purpose, they shall issue statements for offenders who violate th~ ati°ln~. For ~IS 
said Law and Regulations and refer them to the Public Prosecution. prov SIOns or & 
Article 22 
All applications, correspondence and other papers which are submitted to the 
Commercial Registry shall be made in Arabic in accordance with the provisions of 
these Regulations As for the documents issued in a foreign language, Arabic and 
English translations authenticated by the relevant authonties shall be attached 
therewith if the language of such documents is not English 
Article 23 
Every trade mark which was previously registered and entered by virtue of the 
Regulations with respect to Industnal Patents, Designs and Trade Marks of the year 
1955, as amended by Legislative Decree No (22) of 1977 shall, on being used, be 
subject to the terms and conditions provided for in Legislative Decree No (10) of 
1991 with respect to Trade Marks and by the proviSions of these Regulations 
Article 24 CHAPTER FOUR 
FEES RELATING TO ENTRY, RENEWAL, 
ALTERATION OF DETAILS, CERTIFIED COPIES 
AND RECEIPT OF CERTIFICATES 
Applications provided for in Legislative Decree No (10) of 1991 and the pro.visions 
of these Regulations shall be accompanied by receipts proving the payment of fees 
in accordance with the attached Appendix No 1 
Article 25 CHAPTER FIVE 
INTERNATIONAL CLASSIFICATION OF 
PRODUCTS AND SERVICES 
:!\pplications for the registration of Trade Marks shall be submitted in accordance 
~;.vlth the international classification of products and services shown in the attached 
-Appendix NO.2. 