WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP /N/11BHRIT 11 
21 July 2000 
(00-3027) 
Original: Englishl 
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 Legislative Decree N° 10 of 1991 with respect 
to Trade Marks, as notified by Bahrain under Article 63.2 of the Agreement (see document 
IPIN/lIBHRl3). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIP ALES 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 textel du Decret legislatif n° 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 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
BAHREIN 
En el presente documento se reproduce el textol del Decreto Legislativo N° 10 de 1991 
relativo a las marcas de fabrica, notificado por Bahrein de conformidad con el parrafo 2 del 
articulo 63 del Acuerdo (vease el documento IPINIlIBHRl3). 
I 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 l'OMC.lEn ingles solamente. Las delegaciones interesadas 
podnin consultar en la Secretaria de la OMC el texto en su idioma original. IP/NIlIBHRlTI 1 
Page 2 
STATE OF BAHRAIN 
LEGISLATIVE DECREE NO.10 OF 1991 
WITH RESPECT TO TRADE MARKS 
We, Isa Bin Sulman AI Khalifa, Amir of the State of Bahrain, 
having examined the Constitution, 
and Amiri Order No.4 of 1975, 
and the Regulations with respect to Industrial Patents, Designs and 
Trade Marks of 1955, as amended by Legislative Decree No.22 of 
1977, 
and Legislative Decree NO.7 of 1987 with respect to promulgating the 
Law of Commerce, 
and upon the submission of the Minister for Commerce and 
Agriculture, 
and with the approval of the Council of Ministers, 
HEREBY ENACTED THE FOLLOWING LAW: 
Article 1 
A Trade Mark shall mean everything that takes a distinctive form such as 
names, words, signatures, characters, numbers, drawings, codes, seals, 
pictures, inscriptions or any other sign or a group of signs if used or intended 
to be used in distinguishing products, goods or services of whichever origin, 
or to indicate that the item or the product intended to display the mark 
thereon belongs to the owner of the mark due to its brand, production, 
invention, trading therein or to indicate the performance of certain services. 
Article 2 
1. A register shall be maintained at the Commercial Registry at the 
Directorate of Commerce and Companies' Affairs to be called "Trade 
Marks Register" wherein the registration application shall be recorded 
under serial numbers according to the deposit dates of the marks, 
owners' names, addresses, description of their goods, products or 
services and whatever action affecting such marks as ownership 
transfer, assignment, permission for use, mortgage or any other 
amendments. IPINI1 IBHRlTIl 
Page 3 
2. An applicant for a licence shall be given a receipt which shall contain 
the following details:-
a) Applicant's serial number. 
b) Applicant's name. 
c) Date and time of deposit. 
3. Every interested party shall have access to this Register arid obtain a 
certified copy thereof after payment of the prescribed fee. 
Article 3 
Everyone who owns a trade mark and wishes to use it may request its 
registration in accordance with the provisions of this Law. 
Article 4 
The following categories shall have the right to register their trade marks: 
1. Every natural or corporate person who owns a factory, a producer, a 
merchant, a craftsmen or owner of a service project and has a Bahraini 
nationality. 
2. Foreigners residing in the State and authorised to engage in 
commercial, industrial or vocational business activities. 
3. Foreigners who are nationals of a country which treats the State of 
Bahrain on a reciprocal basis in registering trade marks. 
4. Public interests. 
Article 5 
No trade mark shall be considered as such nor shall it be registered if it has 
any of the following descriptions: 
1. The mark which is free of any distinctive feature. consisting of signs or 
details which are only the customary names that are given by custom 
and usage to goods, products and services, or familiar drawings and 
ordinary pictures of goods and products. IP/NIlIBHRlT/l 
Page 4 
2. Every expression, drawing or sign which is immoral or contrary to 
public order. 
3. Public slogans, flags, military emblems and other insignia belonging to 
the State, Arab or international organisations or one of their agencies 
or belonging to a country that treats the State on a reciprocal basis or 
any imitation of such slogans. 
4. Signs which are identical to the sign of the Red Cross or the Red 
Crescent and other signs that are imitations thereof. 
5. Marks identical or similar to symbols of a purely religious nature. 
6. Geographical names if their use is likely to cause confusion regarding 
the source or origin of the goods, products or services. 
7. Name of a third party, surname, photograph or logo, unless he or his 
heirs agree in advance to the use thereof. 
8. Details of honorary or academic degrees which the applicant for 
registration does not prove that he is legally entitled thereto. 
9. Marks which are likely to mislead the public, or contain a false 
indication of source or origin of the products, services or other 
descriptions and other marks which contain a false, imitated or forged 
commercial name. 
10. Marks owned by natural or corporate persons with whom dealing is 
banned pursuant to a decision issued in this respect by the Ministry of 
Commerce and Agriculture. 
11. Signs that are identical or similar to a mark previously registered by 
others for products, services or signs tha registration of which for other 
products or services may cause diminishing the value of the products 
or services distinguished by the previous mark. 
Article 6 
An application for registering the mark shall be submitted to the Commercial 
Registry at the Directorate of Commerce and Companies' Affairs to register 
the trade mark on the form designated for this purpose by the person 
concerned or whoever acts on his behalf. Article 7 
The application for registration shall contain the following details: IPlNlllBHRlT/l 
Page 5 
1. Applicant's name, surname, address, occupation and the commercial 
name, if any. If the application has a company, he shall mention its 
name and address. 
2. Applicant's nationality and residential address. 
3. A drawing of the mark required to be registered in the space 
designated therefor in the registration form, in addition to eight copies 
of the mark to be presented on a foolscap sheet of paper. 
4. A non-returnable mark printing block. 
5. Details of the goods, products or services required to register the mark 
therein. 
6. Location of the business premises or business venture in which the 
mark is used or intended to be used for distinguishing its goods, 
products or services. 
7. The elected domicile in the State of Bahrain to which all the 
correspondence and documents relating to the registration should be 
sent. 
8. Signatures of the person concerned or whoever is acting on his behalf. 
If the applicant is a company or a society, the document shall be 
signed by the authorised signatories on its behalf. 
9. All the documents and details which the Commercial Registry deems 
necessary to be presented to support the application. 
Article 8 
Any person who registers a trade mark shall be considered the sole owner 
thereof unless otherwise proved. It shall be inadmissible to dispute the 
ownership of a mark if used by the person who registered it for a period of at 
least five continuous years from the date of registration without filing a case 
against him regarding its validity. IP INI1IBHRlT 11 
Page 6 
Article 9 
Registration of a trade mark may take place for one or more categories of 
products, goods or services to be determined by an Order of the Minister for 
Commerce and Agriculture. Furthermore, it is not allowed for an application 
to contain more than one category. 
Article 10 
A single application may be filed to register a group of identical marks having 
substantially similar elements, if their differences relate to elements which do 
not affect the fundamental features of such marks such as the mark's colours , 
product details or related services, provided that such products or services 
belong to the same category. 
Article 11 
If two persons or more submit an application at the same time to register the 
same mark or marks which are similar or identical for one category of 
products or services, applications shall be suspended until an assignment is 
presented and signed by the parties to the dispute and approved by the 
relevant authority in favour of either one or until a final judgment is passed in 
respect of such dispute. 
Article 12 
1. The Commercial Registry may impose the necessary restrictions and 
alterations it deems fit to determine and clarify the trade mark so that it 
will not be confused with another mark previously registered or for any 
other reason it deems necessary. 
2. If the Commercial Registry rejects the registration of a trade mark for 
some reason or suspends it due to certain restrictions or alterations, 
the applicant or whoever is acting on his behalf shall be notified by a 
registered letter of the reasons for its decision and details of the facts 
relating thereto. 
3. In all cases, the Commercial Registry shall decide over the registration 
application within thirty days whenever the terms and conditions laid 
down in this Law and the implementing regulations issued in this 
respect are fulfilled. IPIN/lIBHRlTIl 
Page 7 
The lapse of this period without adopting a decision concerning the 
application shall be considered as an implicit rejection thereof. 
Article 13 
1. Every decision adapted by the Commercial Registry with respect to 
rejection or suspension of a registration, the applicant may appeal 
against it within thirty days from the date of notifying him or the date 
considered as an implicit rejection by not replying, before a committee 
to be formed by an Order of the Minister for Commerce and 
Agriculture, which shall include in its members a representative from 
the Ministry of State for Legal Affairs. 
The applicant may challenge the decision before the High Civil Court 
within sixty days from the date of notifying him of the Committee's 
decision. 
2. If the applicant does not challenge the decision within the specified 
time limits or fails to carry out the restrictions imposed by the relevant 
authority within such time limit he shall be considered to have waived 
his application. 
Articie 14 
1. If the Commercial Registry accepts the trade mark, it shall publish it in 
the Official Gazette together with any alterations that may take place 
on the mark after registration. 
The publication shall contain the following details: 
a) Applicant's name, address and nationality. 
b) An identical picture of the mark. 
c) Applicant's serial number. 
d) Details of the goods, services or products for which the 
registration of the mark is required. 
e) Name of the authorised agent in Bahrain. 
2. Every interested person shall, within sixty days from the date of 
publication, submit to the Commercial Registry a notification letter of 
his objection to the registration of the mark indicating the reasons for 
the objection. The Commercial Registry shall furnish the applicant 
with a copy of the notice within thirty days from the date of submission. 
The applicant shall submit to the Commercial Registry within thirty 
days from the date of notifying him a written reply to the said objection IP /Nil IBHR/T 11 
Page 8 
to be referred to the Committee referred to in Article 13 otherwise the 
applicant shall be deemed to have waived his application. 
Article 15 
1. Before the Committee referred to in Article 13 adopts a decision 
regarding the objection referred thereto, it shall hear the statements of 
the two parties, or either party, if so requested. 
2. The Committee shall adopt a decision for acceptance or rejection of 
the registration and in the former case it shall impose the restrictions it 
deems fit. 
3. Every interested party shall be entitled to contest the Committee's 
decision before the High Civil Court within 30 days from the date of 
giving him notice thereof. 
Article 16 
1. If a mark is registered the effective date of registration shall be the 
date of submitting the application and the owner of the mark shall be 
given after completing the registration a certificate which shall include 
the following details: 
a) Mark's serial number. 
b) Date of submitting the application, registration and expiry date 
of the protection period. 
c) Name of the mark's owner, surname, place of residence and 
nationality. 
d) An identical picture of the mark. 
e) Details of the products, goods or services for which the mark is 
intended to be registered alongwith the details of its category. 
2. The owner of a registered mark has the right to bar third parties from 
using his mark or using any similar sign that may mislead the public 
with regard to similar products or services. 
Article 17 
The owner of a mark previously registered may submit at any time an 
application to the Commercial Registry to make any additions or alterations to 
his mark which do not affect its fundamental nature. The Commercial 
Registry shall issue a resolution in this respect in accordance with the 
stipulations laid down for the special resolutions of original registration 
applications. The resolution shall be challenged by the same methods. Article 18 IP/NIl/BHRJTIl 
Page 9 
1. The protection period arising from registering the trade mark shall be 
ten years and the rightful owner may apply for the continuation of 
protection for further periods if he submits a renewal application during 
the last year according to the terms and conditions set forth in Article 7 
of this Law. 
2. Six months prior to the expiry of the protection period, the Commercial. 
Registry, shall give a notice to the owner of the mark or whoever is 
acting on his behalf by a registered letter notifying him of the expiry 
date of the mark's protection period. The notice shall be sent using 
the form prescribed for such purpose to the address recorded in the 
Register, and if 3 months lapse following the expiry of the protection 
period and the owner of the mark fails to submit an application for 
renewal, the Commercial Registry shall cancel the mark from the 
Register of its own initiative. 
3. The renewal shall take place without any new examination and without 
any consideration of any objection from third parties. 
Articie 19 
1. The Commercial Registry and every interested party shall have the 
right to request a judgement for striking off the trade mark which was 
unlawfully registered and the Commercial Registry shall strike off the 
registration whenever a final court judgement is presented thereto. 
2. The Commercial Registry shall strike off the marks owned by natural or 
corporate persons with whom dealing is banned according to a 
resolution issued in this respect by the Minister for Commerce and 
Agriculture. 
3. The court shall, upon a request from any concerned party, order the 
striking off of registration if it is proved thereto that the mark has not 
been seriously used for five consecutive years, unless the owner of the 
mark presents a justification for not using it. 
Article 20 
If the registration of a trade mark is struck off, the cancellation shall be 
published in the Official Gazette. The publication shall include the following 
details: IP /N11/BHRlT 11 
Page 10 
1. Mark's registration serial number. 
2. Owner's name. 
3. Official Gazette number in which the registration was published 
4. Reason and date of striking off. . 
Article 21 
If the registration of a mark is struck off, it shall not be permitted to be re­
registered in favour of third parties for the same products or services or for 
similar services or products except after the I~pse of three years from the 
date of striking off. 
Article 22 
1. It shall not be permitted to transfer the ownership, mortgage or place 
an attachment over a trade mark except with the business premises or 
the exploitation project for which the mark is used for distinguishing its 
products or services, unless otherwise agreed. 
2. In all cases the transfer of ownership of the trade mark or mortgage 
thereof shall not be effective towards third parties except after an entry 
thereof is made in the Trade Mark Registry and published in the 
Official Gazette. 
Article 23 
1. The ownership transfer of the business premises or the explOitation 
project shall include the registered mark in the name of the ownership 
transfer or may be considered as relating to the business premises or 
project unless otherwise agreed. 
2. If transfer of ownership of the business premises or the project has 
been effected without transferring ownership of the same mark, the 
owner may continue to manufacture the same products or to render the 
same services for which the mark was registered therefor or for trading 
therein unless otherwise agreed upon. 
Article 24 
The owner of the mark may license any natural or corporate person to use it 
for all or some of the products or services for which the mark was registered. 
The owner has the right to license other persons to use the same mark as 
. Well as using it himself, unless otherwise agreed upon. The license period 
shall not exceed the period prescribed for the protection of the mark. Article 25 IPINIlIBHRlTIl 
Page 11 
It shall not be permitted to impose upon the licence's beneficiary any 
restrictions arising from the rights which are vested by the registration of the 
mark or are unnecessary to maintain such rights. The license contract may 
include the following restrictions: 
1. Determination of the scope and extent of the area or period of using 
the mark. 
2. Conditions necessitated by the effective control over the quality of 
products or services. 
3. The obligations imposed on the licence's beneficiary for refraining from 
any acts that result in prejudicing the trade mark. 
Article 26 
1. The licence contract shall be in writing and attested by a competent 
government authority. 
2. The licence shall be registered in the Trade Mark Register. The 
licence shall have no effect towards third parties unless after being 
registered in this Register and published in the Official Gazette. 
Article 27 
The licence's registration shall be struck off upon a request from the mark's 
owner or licence's beneficiary after presenting proof of the termination or 
cancellation of the licence contract. 
The Commercial Registry shall notify the other party of the request for striking 
off the registration of the licence who may in this case object thereto in 
accordance with the procedures and stipulated conditions in Articles 13 and 
15 of this Law. 
Article 28 
The Minister for Commerce and Agriculture may permit the registration of a 
collective mark for natural or corporate persons responsible for supervising 
specific products or services, examine them as regards their source, 
ingredients, method of manufacture, performance, description or any other 
characteristics. Registering such mark shall have all the effects provided for 
in this Law. IPINIlIBHRlT /1 
Page 12 
The transfer of a collective mark shall not be permitted e t b --T t 
licence issued by the Minister for Commerce and AgricUlture~cep ya r:;pec a 
Article 29 
An order of the .. Minister f~r C.ommerce ~nd Agriculture shall determine the 
terms and conditions of registering collective marks and the documents to be 
presented for registration thereof. -
Article 30 
It shall not be permitted to re-register a collective mark by favour of third 
parties in respect of identical or similar products, goods or services. 
Article 31 
Without prejudice to any severe punishment stipulated in another law, a 
punishment of imprisonment for a period of no more than a year or a fine of 
no more than Bahraini Dinars one hundred shall be inflicted upon: 
1. Everyone who forges a mark which has been registered according to 
the Law, or imitates it in such a manner that misleads the public or 
everyone who uses in bad faith a forged or imitated mark. 
2. Everyone who displays' in bad faith on his products or uses regC!rding 
his services a mark that is owned by others. 
3. Everyone who sells, displays for sale, trades in or possesses with the 
intent of selling products by a forged, imitated or displayed mark or 
used without any right with his knowledge of such fact and everyone 
who offers services under this mark. 
4. Everyone who uses a mark v/hich has not been registered in the cases 
provided for in Article 5 (paragraphs 2-11). 
5. Everyone who unlawfully inscribes on his mark or commercial 
documents anything that leads to believe that the mark has been 
registered. 
Article 32 
_ In case of recurrence, the perpetrator of the offence shall-.b~rE~~.t~:fo,Q:t 
-punishment of no more than double the maximum limit of the pr~.~~bea. 
PUnishment for the crime, closing the business premises or proje.ct for.8 IP/NI1IBHRlTI 1 
Page 13 
period of no less than fifteen days and no more than six months with the 
publication of the judgement at the expense of the offender in accordance 
with the procedures to be determined by an Order of the Minister for 
Commerce and Agriculture. 
In implementing the provisions of this Law, an offender accused of recurrence 
is considered as such person who is convicted by a final judgement' of 
imprisonment for a period of six months or more in offences provided for in 
the previous Article and then commits another similar offence before the 
lapse of five years from the expiry date of such punishment or from the date 
of its lapse by prescription. 
Article 33 
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 items used or being used in committing the 
offences stipulated in Article 31 of this Law in addition to the products, 
goods, covers, papers and others on which the forged, imitated or 
used mark was unlawfully displayed with his knowledge. 
2. It shall be allowed to levy a distress upon importing the goods which 
are subject to the previous restriction upon their arrival from abroad. 
Article 34 
The officers designated by the Minister for Commerce and Agriculture shall 
have the power to ascertain the implementation of the provisions of this Law 
and the Ministerial Orders for implementing it. For this purpose, they shall 
issue statements to offenders who violate the provisions of this Law and refer 
them to the Public Prosecutor. 
Article 35 
The Minister for Commerce and Agriculture shall issue the implementing 
Regulations with respect to the detailed proviSions relating to the 
enforcement of this Law and in particular the following: 
1. Organisation of the control of registering the trade marks and 
maintaining the records thereof. 
2. Classifying the products, goods and services for registration purposes 
into categories regarding their types in accordance with the 
international classification. IP/NI 1 IBHRlT/1 
Page 14 
3. OUtIi,ning de~ails of t.h~ special scale of f~es for registration, rimevisl, 
altenn~ ?etalls, obtaining extracts ?f copies, handling certifiCates and 
deterrntntng the procedures provided for in this Law whenever 
necessary. The approval of the Council of Ministers for the 
determination of such fees or altering them shall be a must 
Article 36 
All provisions relating to trade marks which appeared in the Regulations with 
respect to Industrial Patents, Designs and Trade Marks of the year 1955, as 
amended by Legislative Decree No 22 of 1977, shall be revoked 
Article 37 
The Ministers, each in their respective capacity, shall implement this Law 
which shall come into force three months after the date of its publication in 
the Official Gazette. 
Signed Isa bin Sulman AI Khalifa 
Amir of the State of Bahrain 
Issued at Rifaa Palace 
On 13th Thilhija, 1411 Hijra 
Corresponding to 25th June, 1991 A.D. 
This Legislative Decree was published in the Official Gazette, Issue No.1961 , 
on Wednesday, 26th June, 1991. 