WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/IIBHR/T/3 
11 May 2004 
(04-2104) 
Original: English! 
anglaisl 
ingIes 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BAHRAIN 
The present document reproduces the text' of the Draft Law (2001) on Trademarks, which is 
under consideration by the competent authorities of the Bahrain Government, notified by Bahrain 
under Article 63.2 of the Agreement by means of a communication from its Delegation 
dated 28 November 2001. 
Conseil des aspects des droits de propril~te 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIEnt INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
BAHREIN 
Le present document contient Ie texte' du projet de Loi de 2001 sur les marques, actuellement 
examine par les autorites competentes du gouvernement bahreinite et notifie par BahreIn au titre de 
l'article 63:2 de l'Accord dans une communication de sa delegation datee du 28 novembre 2001. 
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' del proyecto de Ley de Marcas de Fabrica 0 
de Comercio de 2001, que esta siendo examinado por las autoridades competentes del Gobierno y que 
Bahrein ha notificado en virtud del parrafo 2 del articulo 63 del Acuerdo mediante una comunicaci6n 
de su Delegaci6n de fecha 28 de noviembre de 2001. 
, In English only'/En anglais seulement.lEn ingles solamente. IP /N/l/BHRJT /3 
Page 2 
DRAFT LAW NO. ----(2001) ON TRADEMARKS 
PART I: GENERAL PROVISIONS 
Article 1 
For the purposes of this Law, the following terms and expressions shall have 
the meaning given to each, unless otherwise required by context: 
Ministry: the Ministry of Commerce and Industry; 
Minister: the Minister of Commerce and Industry; 
competent authority: the competent authority at the Ministry of Commerce and 
Industry; 
Register or appropriate register: Trademark Register. 
Article 2 
A trademark is any ilistinctive sign comprised of names, words, signatures, 
letters, symbols, numerals, addresses, seals, designs, pictures, engravings, 
figurative elements, shapes, ""Tappings, combination of colours or any 
combination of such visible signs if used, or intended to be used, for 
distinguishing the goods or services of one undertaking from those of other 
undertakings or to indicate the provision of a particular service. Sound and smell 
may form part of the trademark. 
Article 3 
The following shall not be considered as registerable trademark and their 
application for registration shall not be accepted if they have any of the following 
descriptions: 
Ca) Marks that are devoid of any distinctive character or consist of signs that 
customarily designate the goods or services or the common drawings or 
pictures of the goods or services. IP/N/l/BHRJT/3 
Page 3 
(b) Any expression, drawing, picture or mark that is contrary to public order or 
morality. 
(c) Honorary signs, public and military insignia, flags and other symbols 
belonging to the State of Bahrain or Arab or international organizations or 
any of their institutions or belonging to any of the states that accord similar 
treatment in this respect to the State of Bahrain as well as any imitation of 
the foregoing matters. 
(d) Symbols of the Red Crescent or Red Cross and emblems of the same 
character as well as all imitations thereof. 
(e) Similar or identical marks to the symbols that have a purely religious 
character. 
(g) Geographical names and indications if their use is likely to cause confusion 
with respect to the origin or source ofthe goods or services. 
(h) Marks that are likely to mislead the public or that contain false details about 
the origin or source of the goods or services or their other qualities as well 
as marks that contain a false, imitated or forged commercial name. 
(i) Name of another person or his surname, photograph or emblems unless he 
or his heirs give their prior approval to the use thereof. 
G) Particulars relating to honorary titles which the applicant for registration 
thereof is unable to prove that he, is legally entitled to use for such 
purposes. 
(k) Marks that are identical or similar to a mark that was previously registered 
by others for the same goods or services for which the mark is to be 
registered or for an item thereof or a mark that is similar to the aforesaid 
mark to an extent that may lead to misleading others; or marks the 
registration of which for certain goods or services may undermine the value 
of the goods or services that are distinguished by the said mark. IPlNll/BHR/T/3 
Page 4 
(1) Any mark, or a fundamental part thereof, which is identical, similar or 
constitutes a copy, imitation or translation of a well-known trademark for 
its use to distinguish similar goods or services or identical to the goods or 
services for which it is well-known and is likely to cause confusion with the 
well-known trade mark or for its use for goods or services in a manner that 
is likely to cause damage to the owner of the well-known trade mark and 
indicates a relationship between it and such goods or services. 
(m) Marks that contain the following words or expreSSIOns: "license", 
"registered", "registered drawing", "copyright" or such similar words and 
expreSSIOns. 
Article 4 
Without prejudice to the provisions of international treaties in force in the 
State of Bahrain, any natural person or legal entity being a national of the State of 
Bahrain, from a Member of the World Trade Organization or from a State holding 
reciprocal relations with the State of Bahrain, shall be entitled to file an application 
for the registration of a trademark that he owns and uses or intends to use. 
Article 5 
Where an application for the registration of a mark is filed in the Member of 
the World Trade Organization or in a State holding reciprocal relations with the state 
of Bahrain, the interested person, or his successor in title, may file an application for 
the registration of the same mark, under the circumstances, conditions and procedures 
provided for under this Law, within six months from the filing date of the application 
abroad. In such case, the filing date of the initial application shall constitute the basis 
for priority right. 
Article 6 
The person who registers the trademark shall be considered as the sole owner, 
unless proven otherwise. Ownership of the mark may not be claimed if the person 
who had registered it has been using it on a continuous basis for at least five years 
from the registration date and if no action has been instituted in respect of its validity. PART II: REGISTRATION OF TRADEMARKS 
Article 7 IP/N/lIBHRlT/3 
Page 5 
(a) The competent authority shall establish a register to be known as the 
"Trademark Register" in which are recorded applications for the registration of 
trademarks as well as all data pertaining to them and their exploitation and disposal ill 
accordance with the provisions of this Law and its RegUlations and Decisions. 
(b) The Register of Trademarks being used up to the entry into force of 
this Law shall be incorporated into the Register provided for in the preceding 
paragraph and shall hitherto be considered as an integral part thereof 
Article 8 
An application for registration of a trademark shall be filed with the competent 
Directorate by the concerned person, or his representative, using the prescribed from 
and in accordance with the provisions set forth in this Law and pursuant to the terms, 
conditions and procedure prescribed in the Implementing Regulation. 
Article 9 
A trademark may be registered for one or more classes for goods and services 
established by Decision of the Minister; however the application for the registration of 
a mark may not include more than one class. 
Article 10 
The registration of a set of substantively identical marks may be the subject of 
a single application, if their differences relate to elements not pertaining to their 
essence such as the trademark color or data concerning related goods and services, 
provided that such goods and services belong to the same class. IPINIlIBHRlT/3 
Page 6 
Article 11 
Where two persons or more file an application for the registration of the same 
trademark or similar or closely similar trademarks for a single class of goods or 
services, processing the applications for registration shall be suspended until one of 
the applicants submits a document signed by the other parties to the dispute, and 
attested by the competent authority, relinquishing their claims in its favour or until the 
handing down of a final judgement in favour of one of them. 
Article 12 
(a) The competent authority may reject the application or prescribe 
conditions or restriction or require modification for registeration that it deems 
necessary especially to prevent confusion with another mark previously registered. 
(b) Where the competent authority rejects the registration of the trademark 
for a particular reason or suspends the registration pending changes, it shall, in both 
cases, notify the applicant or his representative of the reasons and facts concerning 
such decision in writing by registered mail. Where, in the latter case, the applicant 
does not oppose to the decision during the prescribed time or does not apply the 
limitations determilied by the competent authority, it shall be understood that he 
surrenders his application. 
(c) In all case, the competent authority shall decide on the application for 
registration within 30 days upon :fulfillment of conditions and requirements provided 
for under this Law and its Regulations and relevant Decisions. Where no decision is 
taken on the application within that period, it shall be understood that the application 
is rejected. 
Article 13 
(a) Where the competent authority accepts the trademark, it shall publish 
such decision, prior to registration, in the manner prescribed under the Implementing 
Regulations. IP/N/IIBHRfT/3 
Page 7 
(b) Any interested person may, within 60 days from the date of such 
Publication, challenge the registration of the mark in a reasoned written petition 
addressed to the competent authority. The competent authority shall inform the 
applicant of such petition within 30 days from its submission. The applicant may, 
within 30 days from the date on which he is informed, provide the competent 
authority with a written reply to such petiton, otherwise it shall be understood that he 
has withdrawn his application. 
(c) Before deciding upon the petition challanging the registeration, the 
competent authority shall hear the partities ifrequested to do so by either of them. The 
competent authority shall decide upon the petition within 60 days of its receipt of the 
challenge. 
(d) The competent authority shall issue a decision on accepting the 
registration within 60 days from publishing the Trademark where no challenge is 
made, otherwise within 15 days from deciding upon the challenge. A decision to 
accept the registration may be subject to certain conditions or limitations. Where a 
. decision is made to accept the registration, the trademark shall be entered in the 
register. 
(e) \Vhere the authority decides to accept the registration, it may decide on 
any limitation it deems necessary. The mark shall be recorded in the appropriate 
Register. 
Article 14 
Where the mark is registered, the registration date shall be the :filing date. The 
owner of the mark shall receive, upon completion of the registration, a certificate 
containing the following: 
(a) the serial number of the mark; 
(b) application date, registration date and date of the termination of 
protection; 
(c) name, title, place of residence and nationality of the owner of the mark; 
(d) copy of the mark.; IPINIIIBHRlT/3 
Page 8 
(e) statement of the goods and services pertaining to the mark, as well as 
the:ir class. 
Article 15 
The owner of the registered mark shall have an exclusive right to prevent all 
th:ird parties not having the owner's consent from using identical or similar signs for 
goods or services which are identical or similar to those in respect of which the 
trademark is registered where such use would result in a likelihood of confusion. In 
case of the use of an identical sign for identical goods or services, a likelihood of 
confusion shall be presumed. 
Article 16 
The owner of the registered mark may, at any time, request the competent 
authority to introduce to his mark any addition or change which do not affect the:ir 
essence substantively. Such request shall be subject to the conditions, requ:irements 
and procedures that apply to the initial application. 
Article 17 
The competent court may, upon request from the competent authority or any 
interested person, order the introduction in the Register of any statement that had not 
been recorded or the deletion or modification of any statement if it had been recorded 
in the register unlawfully or if it does not correspond to real facts. 
PART ill: RENEWAL AND CANCELLATION 
Article 18 
(a) The protection of a registered mark shall be for 10 years from the filing 
date in the State of Bahrain. Thereafter the registration is renewable indefinitely for 
equivalent periods provided that he files a request for renewal during the last year of 
the current term of protection in accordance with the conditions, requ:irements and 
procedures provided for under this Law and its Regulations. 
(b) Renewal shall not be subject to examination, nor to any opposition 
from a third party. IPINIlIBHRlT/3 
Page 9 
(c) The competent authority shall, six months prior to the expiration of the 
term of protection, notifY the owner of the mark or his representative of the date on 
which the term of protection expires, by registered mail. Such notification shall be 
sent to him using the appropriate form to the address which is recorded in the register. 
If, after three months from the expiration of the term of protection, the owner of the 
mark does not request the renewal, the competent authority shall spontaneously cancel 
the mark from the register. The owner of the mark may request the re-registration of 
the mark at any time, provided that it is not registered by a third party. 
Article 19 
(a) Without prejudice to Article 6 of this Law, the competent authority and 
any interested person may request the competent court to cancel the registration of a 
mark that has been unlawfully registered. 
(b) The court may, upon application by any interested party, order the 
registration to be cancelled if satisfied that the trademark has not been used for an 
uninterrupted period of 5 years for no valid reason. 
Article 20 
The owner of the mark may request from the competent authority the 
cancellation of the registration of the mark from the register for all or part of the 
goods or services for which the mark has been registered 
The request for cancellation shall be submitted ill accordance with the 
requirements and procedures determined under the Regulations. 
Where the use of the mark is authorized pursuant to a contract that has been 
recorded in the register, the cancellation of the registration of such mark may only be 
effected under a written approval from the beneficiary of that authorization, unless the 
latter had explicitly waived such right in the authorization contract. 
Article 21 
The renewal and cancellation of the registration of a trademark shall be 
published in the manner determined under the Regulations. IPINI1 IBHRJT/3 
Page 10 
Article 22 
A registration of a mark which has been cancelled may not be re-registered by 
a third party for the same goods or services or for identical or similar goods or 
services before the expiration of three years from the date of cancellation. 
PART IV: TRANSFER, MORTGAGE AND SEIZURE OF A M~1U( 
Article 23 
(a) A mark may be transferred with or without compensation by 
succession, mortgage or seizure with or without the commercial establishment or 
exploitation business using the trademark to distinguish its goods or services. The 
transfer of a mark by disposal shall be made in writing and certified by a competent 
official authority. 
(b) Without prejudice to the provisions governing the sale and seizure of 
commercial establishments, the transfer or seizure of a mark may not be used as 
evidence against a third party unless it is recorded in the Register and published in the 
manner determined under the Regulations. 
(c) Where the commercial establishment is transferred without transfer of 
the trademark, the person who transfers such property may continue to use the 
trademark for the goods or services for which the trademark has been registered, 
unless agreed otherwise. 
(d) The creditor may seize the mark in accordance with the rules 
governing the seizure of movables held by the debtor or a third party. [ sic: The 
competent authority shall exempt provisions concerning the declaration by the party 
seizing of his property to the party being seized.] The creditor shall inform the 
authority about the seizure as well as the result of the auction for the purposes of 
recording in the Register. Neither may be used as evidence against a third party unless 
they are recorded in the manner determined under the Regulations. PART V: LICENSING TO USE A TRADEMARK 
Article 24 IPINIl/BHRlT/3 
Page 11 
The owner of a mark may authorize any natural person or legal entity to use 
the mark for all or part of the goods or services for which its has been registered. The 
owner of the mark shall be entitled to authorize other persons to use the same mark 
and use it himself, unless agreed otherwise. 
The licensing period may not exceed the prescribed term of protection. 
Article 25 
The licensee shall not be subject to limitations that do not derive from rights 
derived from the registration of the mark, nor that are unnecessary for the safeguard of 
such rights. 
Notwithstanding, the license contract may provide for the following 
limitations: 
(a) delimitation of the scope, area and period of use of the mark; 
(b) conditions required for the efficient control of the quality of goods; 
(c) obligation for the licensee to refrain from all acts that may cause 
damage to the trademark. 
Article 26 
(a) The license contract shall be made ill writing and certified by an 
official competent authority. 
(b) the licensing shall be recorded in the Register and shall not be effective 
with regard to a third party unless it is recorded in the Register and published in the 
manner determined under the Regulations. 
Article 27 
The recorda! of a license may be cancelled upon request from the owner of the 
mark or the licensee subject to provision of proof of tennination or dissolving of the 
licensing. IP/N/1!BHRlT/3 
Page 12 
The competent authority shall notifY the other party of the request for the 
cancellation of the licensing. The latter may, in such case, initiate an opposition in 
accordance with the procedures and requirements provided for under Article 13 of this 
Law. 
PART VI: 'VELL-KNOWN MARKS 
Article 28 
For the purposes of this Law, a well-known mark shall mean a mark enjoying 
international fame reaching beyond its fame in the original country where is has been 
registered and acquired a fame in the concerned field among the public in the State of 
Bahrain. 
The determination of a well-known mark takes into account, in particular, the 
duration of its registration and use, number of countries where it is registered and 
known, value of the mark or its influence in promoting the goods and services 
pertaining thereto. 
Article 29 
(a) The owner of a well-known trademark (even if not registered) may 
apply to the court to prohibit third parties not having the owner's consent from using a 
trademark which constitutes a reproduction, an imitation, or a translation or contains 
an essential part which constitutes a reproduction of the well-known trademark, for 
identical or similar goods for which the trademark is registered, that is likely to create 
confusion. This also applies to goods or services which are not similar to those in 
respect of which the trademark is entitled to protection, provided that use of that 
trademark in relation to those goods or services would indicate a connection between 
those goods or services and the owner of the trademark and provided that the interests 
of the owner ofthe trademark are likely to be damaged by such use. 
(b) The enjoyment, by the owner of the well-known mark, of the 
protection provided for under this Law shall not be subject to the registration of that 
mark in the State of Bahrain. The competent authority shall spontaneously reject any 
application for the registration of a well-known trademark unless such application is 
filed by its owner. IP INIlIBHRIT /3 
Page 13 
( c ) A request for the annulment of the registration of a well-know 
trademark may be submitted within 5 years of the registration of the trademarks but 
no time limit shall apply where the registration was made in bad faith. 
PART VII: COLLECTIVE MA-RKS, CONTROL MARKS, MARKS OF 
GENERAL INTEREST BODIES AND MARKS OF PROFESSIONAL 
INSTITUTIONS 
Article 30 
(a) Collective marks, which are used to distinguish the goods or services 
of establishments belonging to members of a particular entity enjoying legal 
, personality, may be registered. 
Application for the registration of a collective mark shall be filed by the 
representative of that entity whose members shall use that collective mark in 
accordance with the conditions and requirements that he determines, subject to 
approval by the competent authority. 
(b) The applicant for the registration of a collective mark shall specify in 
the application that it concerns a collective mark and attach therewith a copy of 
conditions for the use of the mark subject ofthe application. 
In all cases, the owner of the collective mark shall undertake to notify to the 
competent authority any changes to those conditions. No change shall enter in force 
unless it is approved by the competent authority. 
(c) Where a collective mark is cancelled, it may not be re-registered by 
third parties for identical or similar goods or services. 
(d) The court may, upon request from any interested person, order the 
cancellation of the registration of a colleCtive mark if it is established that the 
registered owner uses the collective mark individually, or uses it or allows it to be 
used in a manner contrary to the conditions referred to in paragraph (b) or in a manner 
that is likely to mislead the public in respect of the origin of any common 
characteristic ofthe goods or services for which the collective mark is registered. IPIN/1IBHRlT/3 
Page 14 
Article 31 
(a) Legal entities, which are responsible for the control or examination of 
certain goods or services in respect of their origin, components, manufacturing, 
quality, essence or any other characteristic, may request from the Ministry the 
authorization to register a special mark for distinguishing the performance of control 
or examination. 
In all cases, such mark may not be registered no transferred without the 
approval of the Minister. 
(b) The applicant for the registration of a control mark shall specifY in the 
application that it concerns a control or examination mark and attach therewith a copy 
of the conditions for its use. 
In all cases, the owner of the registered mark shall undertake to notifY the 
competent authority of any changes to those conditions. No change shall enter into 
force unless it is approved by the competent authority. 
Article 32 
A mark may be registered for non-commercial purposes such as an emblem 
used by a public interest body or a professional institution to distinguish its 
correspondence or as an armorial bearing for its members. 
Article 33 
The Regulations shall determine the conditions and rules governmg the 
registration of marks provided for under Articles 30, 31 and 32 as well as documents 
to be presented for registration and all relevant organizational matters. The 
registration of all those marks shall have all the effects provided for under this Law. 
PART Vill: PROVISIONAL MEASURES AND SANCTIONS 
Article 34 
(a) The President of the competent court may, upon demand from the owner of 
the registered mark and pursuant to an order issued on the basis of a request, order one 
or more the following procedures and any other appropriate provisional measures, in 
case ot: or to prevent any infringement of any right provided for under this Law: IPINIlIBHRlT/3 
Page 15 
1. Preserving the evidence and establishing an official record and a 
detailed description of machines and tools used for committing the offence, local or 
imported products, goods, documents or any object that might have held the illegal 
mark; 
2. provisional seizure of the objects referred to ill the preceding 
paragraph. 
3. Ordering the infringement to ceaze or prevent it from taking place. 
(b) the request shall be accompanied by an official certificate establishing that the 
mark is registered and by sufficient evidence proving that the right is, or is likely to 
be, subject to infringement. 
The President of the court may require from the owner of the mark to provide 
the necessary information to assist the authorities responsible for implementing the 
provisional measure in determining the relevant goods. 
(c) The President of the court may, as appropriate, issue the said order urgently 
without summoning the other party -where any delay in issuing such order is likely to 
cause irrecoverable damage to the applicant or result in the destruction of evidence -
provided that the other party is notified upon issuing that order. This order 
establishing any such measures may include the designation of one or more experts to 
assist in implementation and prescribe the deposit of an appropriate bank or money 
bail for the safeguard against any unfair prejudice deriving from the procedure. The 
person against whom the order is issued may file an appeal with the competent court 
within ten days from the date on which the order is issued or on which he is notified, 
as the case may be. In such case, the Court may confirm or reject the order in full or in 
part. 
(d) The case concerning the substance of the conflict shall be initiated within 15 
days from the date on which the order is issued, otherwise the measure taken shall be 
void. IP/N/1IBHRlT/3 
Page 16 
Article 35 
(a) Without prejudice to the right to initiate court proceedings, the Customs 
Administration may, spontaneously or upon request from the general prosecutor or 
from the owner of the registered mark, decide, within a maximum period of three 
days, to suspend the procedures for the customs release of any material imported or 
intended for export within the customs zone falling in its jurisdiction, as long as it 
possesses -allegedly -clear evidence on infringement of any· of the rights provided 
for under this Law. Such decision shall be communicated, by registered mail with 
acknowledgement of receipt, to the interested persons upon its issuance. 
(b) Where a request is filed by the owner of the mark, it shall contain a detailed 
and full description of the infringing material in order to enable the Administration to 
identifY such material; it shall also be accompanied with sufficient evidence proving 
to the Administration the infringement of the right, together with the payment of the 
fee prescribed therefor. 
(c) The Administration may request the owner of the mark to deposit a bank or 
money bail sufficient enough to ensure the seriousness of the request and to cover any 
damage that might unlawfully result from such suspension. 
The owner of the mark may initiate action before the competent court -and 
notifY the Customs Administration thereof -within a period no exceeding 10 days 
from the date on which he is notified of the decision; otherwise the decision for 
suspension shall be void and the goods and material referred to in the first paragraph 
shall be released provided that they ful:fill all the legal conditions and procedures and 
that the period is no extended for an additional period not exceeding 10 days if it is so 
considered by the Director General of the Customs Administration. 
(d) The conditions, rules and procedures governing the request to suspend the 
release, the necessary documents to be attached thereto and the amount of the bail to 
be deposited by the applicant shall be determined by decision from the Minister of 
Finance and Economy. Article 36 IPIN!1 IBHRJT!3 
Page 17 
The Customs Administration may not, m all cases, prevent the persons 
concerned from having access to imported material whose customs release is 
suspended by decision in accordance with existing customs procedures. 
Article 37 
The proVISIons of Article 35 of this Law shall not apply to insignificant 
amounts of non-commercial material which is often carried in passengers' luggage or 
sent in small mail packages, nor to transit goods or goods that are offered for 
circulation in the markets of the exporting country by the its owner or with his 
consent. 
Article 38 
Without prejudice to any more severe sanction provided for under any other 
law, any person who performs one of the following acts shall be punishable by 
imprisonment for a period of at least three months and not exceeding one year and a 
fine of at least 500 Dinars and not exceeding 2000 Dinars or with either one: 
(a) counterfeiting a lawfully registered mark, imitating a mark in a manner 
that is likely to mislead the public, and using a counterfeited or imitated mark in bad 
faith; 
(b) affixing a mark owned by a third party on one of his goods or in 
connection with one of his services; 
( c) knowingly selling, offering for sale or disposal, or acquiring for the 
purposes of sale, goods holding a counterfeited, imitated or unlawfully affixed or used 
mark, as well as offering services using such a mark; 
(d) using a mark which is not registered under the circumstances outlined 
in Article 2(2) to (12). 
(e) unlawfully recording on the mark or trade documents anything which 
might suggest that such mark has been registered. IPIN/IIBHRIT/3 
Page 18 
In case of a second offence, infringement shall be punishable by imprisonment 
for a period of a at least three months and not exceeding two years and a :fine of at 
least 500 Dinars and not exceeding 4000 Dinars or by either one, together with the 
closure of the commercial establishment or business or the cease of the activity, as the 
case may be, for a period of at least 15 days and not exceeding six months. The 
decision shall be published in one or more issues of a daily newspaper at the expense 
of the party against whom the decision is taken. 
In all cases, the court may order the seizure or destruction of goods, packing 
and packaging material, labels, posters and seals subject of the infringement, as well 
as any other machines and tools that have been mainly used in printing the mark on 
the goods subject of infringement. 
The General Prosecutor shall initiate sanctions on the offences referred to in 
this Article. 
PART IX: GENERAL PROVISIONS 
Article 39 
Marks which fulfill the registration conditions provided for under this Law 
shall enjoy provisional protection during the period of presentation in exhibitions 
organized in the State of Bahrain or abroad and determined by decision of the 
Minister of Commerce and Industry. 
The conditions, requirements and procedure for granting such protection shall 
be determined under the Regulations. 
Article 40 
Any person may request access to the Register and obtain extracts, copies or 
data thereof, in accordance with the rules, procedures and manner determined under 
the Regulations. Article 41 IP/N/1IBHRIT/3 
Page 19 
In accordance with the provisions concerning opposition provided for in 
Article 13 and without prejudice to Article 19 of this Law, any interested person may 
file an opposition before the Minister against any:final decision issued pursuant to the 
provisions of this Law within 30 days from the date on which he is informed of the 
order. Decision on the opposition shall be taken within 30 days from its filing date. 
The interested person shall be notified in writing of the decision taken concerning his 
opposition within 30 days from the date on which such decision is taken. Where the 
interested person does not -within 60 days from filing his opposition -receive any 
notification in respect his opposition, it shall be understood that the opposition is 
rejected. 
Any person whose opposition is rejected or deemed to be rejected may file an 
appeal before the Supreme Civil Court within 60 days from the date on which he is 
notified of the rejection of his opposition or on which it is deemed to be rejected. 
An appeal may lie to the court only after opposition to the decision IS 
submitted, the decision rejecting the opposition is issued, or no reply is given within 
the appropriate period. 
Article 42 
Officials designated by the Minister of Commerce and Industry shall have the 
capacity to ensure implementation of the provisions of this Law and relevant 
decisions. For that purpose, they may establish official records on infringements of 
the provisions ofthe Law and refer them to the general prosecutor. 
Article 43 
Marks that are registered in accordance with the Laws and Statutes in force 
prior to the entry into force of this Law shall enjoy the prescribed protection and shall 
be considered as being registered under its provisions. The elapsed term of protection 
shall be deducted from the term of protection provided for under this Law, m 
accordance with the procedures and manner determined under the Regulations. IP/N/l/BHR/T/3 
Page 20 
Article 44 
The provisions of this law shall apply to any application filed prior to the date 
of entry into force of this Law and concerning which no declaration of acceptance of 
the mark is issued pursuant to Article 13. The applicant may change his application in 
accordance with the provisions of this Law. 
Article 45 
Fees shall be prescribed for filing applications for the registration of marks 
under this Law, filing opposition by third parties, requesting renewal of the term of 
protection, appealing against any decision and procedure, requesting the recordal of 
the authorization for use and disposal in the Register, accessing the register, 
. requesting extracts, pictures or data from the Register. 
The categories of fees, rules governing rates of their increase and reduction 
and cases for exemption shall be determined under a decision issued by the Minister, 
subject to approval by the Cabinet. 
Article 46 
The Minister shall issue the Decisions and Regulations containing detailed 
provisions concerning the application of this Law, particularly: 
(a) organizing the registration of trademarks and maintaining Registers; 
(b) grouping of goods and services for the purposes of registration under 
classes on the basis of their type in accordance with the International Classification. 
Article 47 
The Law Decree No. 10 (1991) on Trademarks shall be void, as well as any 
text contrary to the provisions of this Law. 
Article 48 
Ministers shall, each within their capacity, implement this Law from the date 
on which is it published in the Official Gazette. 