37BLAW NO. 10 OF 1991 ON TRADEMARKS
We, Isa Bin Sulman Al Khalifa, Amir of the State of Bahrain,
having examined the Constitution,
and Amiri Order No.4 of 1975,
and the Regulations on 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:
0BArticle 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.
1BArticle 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.
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 and obtain a certified copy thereof
after payment of the prescribed fee.
2BArticle 3
Everyone who owns a trade mark and wishes to use it may request its registration in
accordance with the provisions of this Law.
3BArticle 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.
4BArticle 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.
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 the registration of which for other products or services may cause diminishing the
value of the products or services distinguished by the previous mark.
5BArticle 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.
6BArticle 7
The application for registration shall contain the following details:
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.
7BArticle 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.
8BArticle 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.
9BArticle 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.
10BArticle 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.
11BArticle 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.
The lapse of this period without adopting a decision concerning the application shall be
considered as an implicit rejection thereof.
12BArticle 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.
13BArticle 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 to be referred to the Committee referred to in HUArticle 13UH otherwise the applicant shall be
deemed to have waived his application.
14BArticle 15
1. Before the Committee referred to in HUArticle 13UH 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.
15BArticle 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.
16BArticle 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.
17BArticle 18
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 HUArticle 7UH
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.
18BArticle 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.
19BArticle 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:
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.
20BArticle 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
lapse of three years from the date of striking off.
21BArticle 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.
22BArticle 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.
23BArticle 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.
24BArticle 25
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.
25BArticle 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.
26BArticle 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 HUArticles 13UH and HU15UH of this Law.
27BArticle 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.
The transfer of a collective mark shall not be permitted except by a special licence issued by
the Minister for Commerce and Agriculture.
28BArticle 29
An order of the Minister for Commerce and Agriculture shall determine the terms and
conditions of registering collective marks and the documents to be presented for registration
thereof.
29BArticle 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.
30BArticle 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 regarding 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 which has not been registered in the cases provided for in
HUArticle 5 (paragraphs 2-11)UH.
5. Everyone who unlawfully inscribes on his mark or commercial documents anything that
leads to believe that the mark has been registered.
31BArticle 32
In case of recurrence, the perpetrator of the offence shall be liable for a punishment of no
more than double the maximum limit of the prescribed punishment for the crime, closing the
business premises or project for a 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.
32BArticle 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 HUArticle 31UH 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.
33BArticle 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.
34BArticle 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.
3. Outlining details of the special scale of fees for registration, renewal, altering details,
obtaining extracts of copies, handling certificates and determining 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.
35BArticle 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.
36BArticle 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 Al 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.