WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
0RGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects of 
Intellectual Property Rights IP/N/1/BHR/1/1 
21 July 2000 
(00-3026) 
Original: English/ 
anglais/ 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
BAHRAIN 
The present document reproduces the text1 of the following laws and regulations, as notified by Bahrain 
under Article 63.2 of the Agreement (see document IP/N/l/BHR/3). 
Patents, Designs and Trade Marks Regulations of 1955 
Legislative Decree N° 22 of 1977 with respect to amendment to certain provisions of the Patents, 
Designs and Trade Marks Regulations of 1955 
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 Page 
2 
33 
Le present document contient le texte1 des lois et reglementations suivantes, notifiees par BahreYn au titre de 
!'article 63:2 de !'Accord (voir le document IP/N/l/BHR/3). 
Page 
Reglement de 1955 sur le brevets, Jes dessins et modeles et Jes marques de fabrique ou de commerce 2 
Decret legislatifn° 22 de 1977 portant modification de certaines dispositions du Reglement de 1955 sur 33 
Jes brevets, Jes dessins et modeles et Jes marques de fabrique ou de commerce 
Consejo de Ios Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIP ALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DELP ARRAFO 2 DEL ARTICULO 63 DEL ACUERDO 
BAHREIN 
En el presente documento se reproduce el texto1 de !as !eyes y los reglamentos siguientes, notificados por 
Bahrein de conformidad con el parrafo 2 de! articulo 63 del Acuerdo (vease el documento IP/N/l/BHR/3): 
Pagina 
Reglamento sobre !as patentes, los dibujos y modelos y !as marcas de fabrica, de 1955 2 
Decreto Legislativo N° 22 de 1977 relative a la modificaci6n de ciertas disposiciones de! Reglamento 33 
sobre !as patentes, los dibujos y modelos y !as marcas de fabrica, de 1955 
1 In English only. The texts in the original language are available for consultation by interested Delegations at the WTO 
Secretariat./En anglais seulement. Les delegations interessees peuvent consulter les textes dans leur langue d'origine, au Secretariat de 
l'OMC./En ingles solamente. Las delegaciones interesadas podran consultar en la Secretaria de la OMC los textos en su idioma original. IP /N/1 /BHR/I/1 
Page 2 
We Salman bin Hamad AJ Khalifa, Ruler of Bahrain 
hereby enact the following Regulations which shall 
come Into force on twenty-fourth Shawal, 137 4 
corresponding to fifteenth June, 1955 
Bahrain Patents, Designs and Trade Marks Regulations 
Bahrain -1955 
1. The Law annexed to these Bahrain Patents, Designs and Trade Marks 
Regulations, 1955 enacted pursuant to Article 82 of Bahrain Decree 1952, its 
translation is attached herewith. All enacted articles and which will be enacted 
by the Registrar of Patents, Designs and Trade Marks shall comply with the 
same Decree and shall be effective upon all persons in Bahrain and its 
dependencies who are not subject to the said Law. 
2. These Regulations shall come into effect on 1 st August, 1955 and shall be cited 
as the "Patents, Designs and Trade Marks Regulations". Patents, Designs and Trade Marks Regulations 
Bahrain -1955 
Arrangement of Sections 
Partl 
Interpretation and General Provisions 
Interpretation 
1. Definitions 
General Provisions 
2. Patents, Designs and Trade Marks registrable under the Law 
3. Registers 
4. Certificates of Registration 
5. Effect of Registration 
6. Position of Registered Owner 
7. Application for Registration 
8. Procedure on Application 
9. Restriction on Registration of certain matters 
10. Effective Date of Registration 
11. Opposition to Registration 
12. Non-completion of Registration IP/N/1/BHR/I/1 
Page 3 
13 . Rule against Registration of Identical or Similar Trade Marks, Concurrent Use 
14. Saving of Vested Rights 
15. Saving for use of Name, Address or Description of Goods 
16. Assignment of Registered Trade Marks 
Part II 
Registration of Patents, Designs and Trade Marks 
Registered in the United Kingdom 
17. Persons competent to apply 
18. Time for applying 
19. Evidence required on Application 
20. Effect of Limitation 
21. Registration of Amendment and Alterations 
22. Duration, Renewal and Extension of Registration IP/N/1/BHR/I/1 
Page 4 
Part Ill 
Local Trade Marks 
23. Local Trade Marks 
24. Distinctiveness requisite for Registration 
25. Limitation as to Colours 
26. Restrictions on Registration of Certain Matter 
27. Registration to be in respect of Particular Goods 
28. Registration of parts of Trade Marks and of Trade Marks as a Series 
29. Associated Trade Marks 
30. Jointly owned Trade Marks 
31. Persons competent to apply 
32. Duration of Registration and Renewal 
33. Alteration of Registered Trade Mark 
Part IV 
The Registrar and the Registers 
34. Powers and Duties of Registrar 
35. Entries in Registers 
36. Registration of Assignments, &c. 
37. Register and Registration as prima facie Evidence 
38. Evidence of Entries, Documents, &c. 
39. Adjustment of Register 
40. Powers in Case of Breach of Condition 
Proceedings Before, and Appeals from the Registrar 
41. Aggrieved Persons may apply for Revision 
42. Procedure on Application for Revision 
43. Procedure on Appeal from Registrar 
44. Procedure before the Registrar 
PartV 
Legal Proceedings 
45. Infringement of Rights 
46. Proceedings for Infringement 
47. Remedies in a Suit for Infringement 
48. Innocent Infringement 
49. Groundless Threats of Infringement Proceedings 
50. Revocation of a Certificate of Registration 
51. Saving of Remedies Part VI 
Offences 
52. Falsification of Register, &c. 
53. False Representation of Registration IP /N/1 /BHR/I/1 
Page 5 
54. Fraudulent Infringement of a Patent, Registered Design or Trade Mark 
55. Further Offences under the Law 
56. Unauthorised Use of Royal Arms and State Emblems 
57. Attempts, Conspirates, Abettors 
58. Definitions 
59. Offences by Companies 
60. Damages, Forfeiture, Binding Over 
61. Time-Limit for Prosecution of Offences 
62. Exemption from Liability 
Part VII 
Supplemental 
63. Directions of Court or Registrar 
64. Fees 
65. Power to make Rules 
66. Protection of the Registrar 
67. Transitional Provisions 
Schedule 
List of Fees IP/N/1/BHR/I/1 
Page 6 
Definitions: THE BAHRAIN PATENTS, DESIGNS AND TRADE MARKS 
REGULATION, 1955 
PARTI 
INTERPRETATION AND GENERAL PROVISIONS 
Interpretation 
1. (1) In this Law, unless the context otherwise requires: 
"Assignee" includes the personal representative of a deceased assignee. 
"Comptroller-General" means the Comptroller-General of Patents, Designs and Trade Marks 
in the United Kingdom, and includes any person authorised by him or by the Board of Trade 
to sign or issue certificates in respect of patents, designs and trade marks registered in the 
United Kingdom. 
"Copyright of a design" is the exclusive right acquired by the registration of a design to 
make or import for sale or for use for the purposes of any trade or business, or to sell or hire 
or offer or expose for sa!e or hire any article in respect of which the design is registered, 
being an article to which the registered design or a design not substantially different from the 
registered design has been applied. 
"Court" means the Joint Court. 
"Design" means features of shape, configuration, pattern or ornament applied to an article 
by any industrial process, or means, being features which in the finished article appeal to 
and are judged solely by the eye, but does not include a method or principle of construction, 
or features of shape or configuration which are dictated solely by the function which the 
article to be made in that shape or configuration has to perform. 
"Exclusive licensee" means any person having a licence from the registered owner of a 
patent or design, as the case may be, which, in respect of the Territory, and subject to any 
conditions and limitation of the licence, confers on the licensee, or on the licensee and 
persons authorised by him, to the exclusion of all other persons (including the registered 
owner of the patent or design respectively) any right in respect of the patented invention or 
design; and "exclusive licence" shall be construed accordingly. 
"Local trade mark" has the meaning assigned to it in Section 23 of this Law. 
"Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter or 
numeral or any combination thereof. 
"Oath" shall include an affirmation substituted for an oath. 
"Patentee" means a person or persons for the time being entered on the Register of 
Patents in the United Kingdom as grantee or proprietor of the patent and the personal 
representative of a deceased grantee or proprietor. 
"Prescribed" means prescribed by this Law by any rules made thereunder, by Rules of Court, 
by direction of a Court (in relation to proceedings before that Court), or by direction of the 
Registrar in relation to any proceedings before him. 
"Proprietor of design" includes the author of a design and any person in whom the design 
or the right to apply a design to any article becomes vested by assignment or transmission 
either alone or jointly with the original proprietor. 
"Register'' means any one of the registers provided for in Section 3 of this Law, applicable 
in the circumstances. 
"Registered owner" means the person to whom a certificate of registration has been granted 
under this Law upon the registration of a patent, design, or trade mark (as the case may be), 
or any person legally deriving title from or through such grantee by assignment or 
transmmission registered in accordance with this Law. IP/N/1/BHRII/1 
Page 7 
"Registered user'' is a person whose name has been entered on the Register as being 
permitted by the registered owner of a trade mark to use the same as regards all or any of 
the goods in respect of which it is registered, with or without conditions and limitations. 
"Registrar'' means the person appointed jointly by the Political Resident and the Ruler by 
name or office to be Registrar of Patents, Designs and Trade Marks for the Territory and 
includes a person for the time being acting as or for such Registrar. 
"Territory" means the territory for which this Law has been made applicable. 
"Trade Mark" means a mark used or proposed to be used upon or in relation to goods for the 
purpose of indicating, or so as to indicate, a connection in the course of trade between the 
goods and some person having the right to use the mark, whether with or without any 
indication of the identity of that person. 
"Transmission" means transmission by operation of law, devolution on the personal 
representative of a deceased person and any other mode of transfer not being assignment. 
(2) References in this Law to the use of a design or mark shall be construed as references 
to the use of a printed or other visual representation of the design or mark, and references 
therein to the use of a design or mark in relation to goods shall be construed as references to 
the use thereof upon, or in physical or other relation to goods. 
(3) Time in this Law is calculated according to the Gregorian calendar. 
General Provisions 
Patents, Designs and Trade Marks registrable under the Law. 
2. Every patent or design which is registered in the United Kingdom, and every trade mark 
which is either registered in the United Kingdom or is a local trade mark, shall be 
registrable in the Territory in accordance with the provisions of this Law. 
Registers. 
3. (1) Three separate registers, respectively called the Register of Patents, the Register of 
Designs, and the Register of Trade Marks, shall be kept under the immediate control and 
direction of the Registrar in his office for the recording of such particulars as may be 
prescribed. 
(2) The Register of Trade Marks shall be kept in two separate parts, of which one shall 
be used for United Kingdom trade marks registered under Part II, and the other in respect of 
local trade marks registered under Part Ill of this Law. 
Certificates of Registration. 
4. Upon the registration of a patent, design or trade mark the Registrar shall grant a 
Certificate of Registration to the registered owner of the patent, design or trade mark (as 
the case may be) showing his description, capacity and title, the effective date of the 
registration and such other particulars of the entry in the register as may be prescribed. 
Effect of Registration. 
5. Registration and the issue of a certificate of registration shall, subject to the provisions of 
this Law and to any conditions and limitations entered on the Register, confer upon the 
registered owner: IP/N/1/BHR/I/l 
Page 8 
(a) As regards patents: 
the exclusive right and privilege for the Territory to make or to import for sale or for use for 
the purposes of any trade or business, or to sell or hire, or to offer or expose for sale or hire, 
or to use in any other way, for the purposes of any trade or business, the patented invention, 
or any goods or articles to the patent. 
(b) As regards designs: 
the copyright in the registered design for the Territory in respect of any article or set of 
articles comprised in the registration. 
(c) As regards trade marks: 
the exclusive right to the use in the Territory of the registered trade mark upon or in 
connection with the goods in respect of which it is registered. 
Position of Registered Owner 
6. Without prejudice to any prov1s1ons of this Law, and subject to any rights vested in any 
other person and to any conditions and limitations entered on the Register, the registered 
owner shall have power to assign, dispose of or in any other way lawfully deal with any 
rights acquired by the registration under this Law; to grant licences in respect of the 
registered patent or design; or to permit the use of a registered trade mark; and to give 
effectual receipts for any consideration for any such assignment, licence or dealing. 
Application for Registration 
7. All applications for registration shall be made to the Registrar by a person competent 
within the meaning of Sections 17 or 31 of this Law in the prescribed form, manner and 
time and shall be accompanied by such certificates, information and evidence as may be 
prescribed or required by the Registrar in any particular case. 
Procedures on Application. Publication 
8. (1) The Registrar may, subject to the provisions of this Law, or any rules made 
thereunder, refuse any application for registration or accept it absolutely or subject to 
such modifications, conditions or limitations, as he may think fit. 
(2) The Registrar shall cause such material particulars of every complete application 
for the registration of a patent, design or trade mark and of any conditions or limitations 
relating thereto as may reasonably concern third parties or the public, to be published or 
advertised at the expense of the applicant in such manner as may be prescribed, and 
shall not in any case proceed to registration until the period appointed under Section 11 of 
this Law for giving notice of opposition has expired and he is satisfied on the evidence 
before him that all requirements have been complied with. 
Restriction on Registration of certain matters 
9. An application for registration shall not be accepted in any case in which it appears to the 
Registrar that if the registration were .granted as applied for, the use or display of goods or 
articles concerned, or the exercise of any rights granted by the Law, would: IP/N/1/BHR/I/1 
Page 9 
(a) be injurious to public order, morality, or the interests of the community as a whole; 
(b) be contrary to law or public policy; 
(c) be inconsistent with the provisions of this Law; 
{d) deceive the public; 
(e) hurt or rouse religious susceptibilities of any part of the community: 
Provided that the Registrar may accept an application for registration notwithstanding any 
defect as aforesaid if it appears to him that any such defect is reasonably capable of being 
remedied by a suitable modification or other amendment and such modification or 
amendment is carried out in accordance with his directions and the conditions prescribed by 
him. 
Effective Date of Registration 
1 o. Every registration shall be effective as from the date of the application for registration, 
provided that no proceedings may be taken in respect of any infringement committed 
before the date of publication of the application. 
Opposition to Registration 
11. (1) Any interested person who can show that he has a better right, title, or priority 
than the person applying for registration, or that registration should not be allowed for 
some other good reason, may give notice to the Registrar of opposition to the 
registration, and the Registrar shall deal with any such notice, in such manner as may be 
prescribed by rules or the Registrar. 
(2) The time for giving such notice as aforesaid shall be prescribed by the Registrar 
according to the circumstances of each case and stated in the publication or 
advertisement of the application for registration and shall not be less than three and not 
more than six months from the dates of such publication or advertisement. 
Non-Completion of Registration. 
12. Where, by the default of the applicant, registration is not completed within twelve months 
from the date of the receipt of the application at the registry, the Registrar may, after 
giving notice to the applicant, treat the application as abandoned unless it is completed 
within the time specified in such notice. 
Rule against Registration of Identical or Similar Trade Marks. Concurrent Use 
13. (1) Subject to the provisions of sub-section (2) of this section, no trade mark shall be 
registered in respect of any goods or description of goods that is identical with a trade 
mark belonging to another proprietor and already registered on one or the other part of\ 
the register of trade marks, in respect of the same goods or description of goods, or that 
so nearly resembles such a trade mark as to be likely to deceive or cause confusion: 
Provided that the Registrar shall not refuse an application by reason only of such identity or 
resemblance with a trade mark already on any part of the register if the applicant can satisfy 
him: IP/N/1/BHR/I/1 
Page 10 
(a) that , if the application is under Part Ill, he or his predecessor in title has been regularly 
using the local trade mark, the subject matter of application, in respect of the same goods or 
description of goods, for at least one year before the trade mark already registered has first 
been used or registered in the Territory (whichever is earlier); or 
(b) that, if the application is for registration of a trade mark under Part II of this Law, the 
trade mark had been registered in the United Kingdom for at least one year before the date 
of application for registration under this Law. 
(2) In case of an honest concurrent use, or of other special circumstances which in the 
opinion of the Registrar make it proper so to do, the Registrar may permit the registration 
of trade marks that are identical or nearly resemble each other in respect of the same 
goods or description of goods by more than one proprietor subject to such conditions and 
limitations, if any, as the Registrar may think it right to impose. 
(3) Where separate applications under whichever part of this Law are made by different 
persons to be registered as proprietors of trade marks that are identical or nearly resemble 
each other, in respect of the same goods or description of goods, the Registrar may refuse to 
register any of them until their rights have been determined by him, or have been settled by 
agreement in a manner approved by him; sub-section (2) of this section shall apply as far as 
practicable. 
Saving of Vested Rights 
14. Nothing in this Law shall entitle the registered owner of any registered trade mark to 
interfere with or restrain the use by any person of a trade mark identical with or nearly 
resembling it in relation to goods in respect of which that person or a predecessor in title 
of his has continuously used that trade mark. from a date prior: 
(a) to the use of the first-mentioned trade mark in relation to those goods by the registered 
owner or a predecessor in title of his; or 
(b) to the registration of the first-mentioned trade mark in respect of those goods in the name 
of the registered owner or a predecessor in title of his, whichever is the earlier, or to object 
(on such use being proved) to that person being put on the register for that identical or nearly 
resembling trade mark in respect of those goods under sub-section 2 of Section 13 of this 
Law. 
Saving for Use of Name, Address, or Description of Goods 
15. No registration of a trade mark shall interfere with any bona fide use by a person of his 
own name or that of his place of business, or of the name or name of the place of 
business, of any of his predecessors in business, or the use by any person of any bona 
fide description of the character or quality of his goods. 
Assignment of Registered Trade Marks 
16. Subject to the provisions of this Law, a registered trade mark shall be assignable and 
transmissible either in connection with the goodwill of a business or otherwise, and in 
regard to either all the goods in respect of which it is registered, or some only of 
those goods. PART II IP/N/1/BHR/I/l 
Page 11 
Registration of Patents, Designs and Trade Marks Registered in the United Kingdom 
Persons Competent to Apply 
17. A person shall be competent to apply for the registration of a patent, design or trade 
mark if his right, title or interest has been entered on the appropriate register in the 
United Kingdom and if he is either the patentee, or the proprietor of a design, or of a 
trade mark, or a person legally deriving title from or through such patentee or proprietor 
by assignment or transmission. 
Time for Applying 
18. Subject to the provisions of Section 67 the time within which application for registration 
may be made, shall be: 
(a) As regards patents: 
three years from the grant of letters patent in the United Kingdom; 
(b) As regards registered designs: 
three years from the registration of the design in the United Kingdom; 
and 
(c) As regards trade marks: 
any time during the subsistence of the registration in the United Kingdom. 
Evidence Required on Application 
19. Every application for registration shall be accompanied by such specifications, 
representations, drawings, certificates, certified copies and other evidence of relevant 
matters and particulars relating to entries in the appropriate United Kingdom register and 
otherwise as may be prescribed generally or required in a particular case. 
Effect of Limitations 
20. Without prejudice to Section 5 of this Law, registration under this Part of the Law shall 
take effect subject to any conditions and limitations subsisting in connection with the 
grant, right or registration in the United Kingdom. 
Registration of Amendments and Alterations 
21. (1) Whenever any specification or drawing of a patent, or a representation of a 
design or trade mark registered under this Law has been amended or altered in the 
United Kingdom, an application, accompanied by copies of any amended specification, 
representation or drawing duly certified by the Comptroller-General shall be made to the"­
Registrar for the substitution of the amended specification, representation or drawing for 
those originally filed. 
(2) In any such case as aforesaid the Registrar may order any proposed amendment 
or alteration as aforesaid to be advertised or published and may make the registration 
subject to such conditions as he may think fit. IP/N/1/BHR/I/1 
Page 12 
Duration, Renewal, Extension of Registration 
22. (1) Subject to the provisions of this Law, registration shall continue to be in force as long 
as the respective patent, design or trade mark remains in force and registered in the 
United Kingdom and the term, for which it has been granted or registered, has not 
expired. 
(2) If the term of a patent, design or trade mark registered under this Law has been 
extended in the United Kingdom, whether by extension of the term, renewal or 
otherwise, the registered owner shall be entitled, on application to the Registrar 
within such time and on such terms as m·ay be prescribed, to have the registration 
renewed or otherwise extended for the same period for.which it has been renewed or 
extended in the United Kingdom, and unless the registration is renewed or extended 
as aforesaid, it shall cease to be of any effect at the end of the expired term. 
PART Ill 
Local Trade Marks 
Local Trade Marks 
23. (1) For the purposes of this Law "local trade mark" means a trade mark used or proposed 
to be used in the Territory and associating any specific goods or classes of goods 
with any person or persons who, in the territories of Bahrain, Kuwait, Qatar, Muscat 
and Oman and the Trucial States, is or are bona fide engaged in the production, 
manufacture, working, or sale of, or in the trading with, these goods, and, except 
where the context otherwise requires, any reference in this Part of this Law to "a 
trade mark" or to "trade marks" shall mean a local trade mark. 
(2) Any trade mark which is used or registered or merely applied anywhere outside the 
territories referred to in sub-section (1) of this Section, may not be registered as a 
local trade mark, but may be registrable under Part II of this Law if it has been 
registered in the United Kingdom. 
Distinctiveness requisite for Registration 
24. (1) A trade mark shall not be registrable unless it contains or consists of at least one of 
the following essential particulars, namely: 
(a) the name of a company, individual, or firm, represented in a special or particular 
manner. 
(b) the signature of the applicant for registration or some predecessor in his 
business. 
(c) one or more inveented words. 
(d) one or more words having no direct reference to the character or quality of the 
goods, and not being, according to its ordinary signification, a geographical name or 
surname, or the name, or the name of a sect, castle or tribe in any of the territories 
mentioned in sub-section (1) of this Section 23. IP/N/1/BHRJI/1 
Page 13 
(e) any other distinctive mark, provided that a name, signature, or any word, other 
than such as fall within the descriptions in the above paragraphs (a) to (d) shall not 
be registrable except upon evidence of its distinctiveness. 
(2) For the purposes of this Section, the expression "distinctive" means adapted, in 
relation to the goods in respect of which a trade mark is registered or proposed to be 
registered, to distinguish goods with which the proprietor of the trade mark is or may 
be connected in the course of trade from goods in the case of which no such 
connection subsists, either generally or, where the trade mark is registered or 
proposed to be registered subject to limitations, in relation to use within the extent of 
the registration. 
Limitation as to Colours 
25. (1) A trade mark may be limited wholly or in part to one or more specified colours and 
any such limitation may be taken into account in considering the distinctive character 
of the trade mark. 
(2) So far as a trade mark is registered without limitation of colour, it shall be deemed to 
be registered for all colours. 
Restrictions on Registration of Certain Matters 
26. No trade mark, nor part of a trade mark, shall be registered which consists of or 
contains any of the following matters: 
(a) Public armorial bearings, crests, insignia or decoration of any state or nation 
unless authorised by the competent authorities. 
(b) Official hall marks or signs indicating an official warranty, unless put forward or 
authorised by a competent authority. 
(c) Marks which are identical with or similar to any national flags, or any national 
military or naval flags, commendatory medals or badges. 
(d) Marks which would be contrary to the provisions of section 9, or contain any 
scandalous or provocative design, or a false indication of origin, or which encourage 
unfair trade competition. 
(e) Marks which are identical with or similar to 1the sign of a Red Cross or a Red 
Crescent on a white ground or the designation or characters of the Red Cross br the 
Geneva Cross. 
(f) Marks identical with or similar to emblems of exclusively religious significance. 
(g) Marks which are or contain the picture, name or the trade name of a person or 
the name of a body corporate or of an association unless the consent of the person 
or persons concerned has been obtained. 
Registration to be in Respect of Particular Goods 
27. (1) A trade mark may be registered only in respect of particular goods or classes of 
goods. 
(2) Any question arising as to the class within which any goods fall shall be determined 
by the Registrar, whose decision shall be final. IP/N/1/BHR/I/1 
Page 14 
Registration of Parts of Trade Marks and of Trade Marks as a Series 
28. (1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any 
part thereof separately, he may apply to register the whole and any such part as 
separate trade marks. 
(2) Each such separate trade mark shall, subject to the provisions of section 29 (2) of 
this Law, satisfy all the conditions applying to, and have all the incidents of, an 
independent trade mark. 
(3) Where a person claiming to be the proprietor of several trade marks in respect of the 
same goods or description of goods which, while resembling each other in the 
rriaterial particulars thereof, yet differ in respect of: 
(a) statements of the goods in relation to which they are respectively used or 
proposed to be used; or 
(b) statements of number, price, quality, or names of places; or 
(c) other matter of a non-distinctive character which does not substantially affect the 
identity of the trade mark; or 
(d) colour; 
seeks to register these trade marks, they may be registered as a series in one registration. 
Associated Trade Marks 
29. (1) Where a trade mark which is registered or is the subject of an application for 
registration, in respect of any goods is identical with another trade mark which is 
registered, or is the subject of an application for registration, in the name of the same 
proprietor in respect of the same goods or description of goods, or so near1y 
resembles it as to be likely to deceive or cause confusion if used by a person other 
than the proprietor, the Registrar may at any time require that the irade marks shall 
be entered on the register as associated trade marks. 
(2) Where a trade mark and any part thereof are, in accordance with the provisions of 
sub-section (1) of section 28, registered as separate trade marks in the name of the 
same proprietor, they shall be deemed to be, and shall be registered as, associated 
trade marks. 
(3) All trade marks registered in accordance with the provisions of sub-section 3 of 
section 28 as a series in one registration shall be deemed to be, and shall be 
registered as, associated trade marks, and such associated trade marks shall be 
assignable and transmissible only as a whole and not separately, but they shall for all 
other purposes be deemed to have been registered as separate trade marks. 
(4) On application made in the prescribed manner by the registered owner of two or more 
trade marks registered as associated trade marks, the Registrar may dissolve the 
association as respects any of them if he is satisfied that there would be no likelihood 
of deception or confusion being caused if that trade makr1 were used by any other 
person in relation to any of the goods in respect of which it is registered, and may 
amend the register accordingly. Jointly Owned Trade Marks IP/N/1/BHR/I/1 
Page 15 
30. (1) Save as provided in sub-section (2) hereof, nothing in this Law shall authorise the 
registration of two or more persons who use a trade mark independently, or propose 
so to use it, as joint owners thereof. 
(2) Where the relations between two or more persons interested in a trade mark are such 
that no one of them is entitled as between himself and the other or others of them to 
use it except: 
(a) on behalf of both or all of them, or 
(b) in relation to an article with which both or all of them are connected in the course 
of trade, 
these persons may be registered as joint owners of the trade mark, and this Law shall 
have effect in relation to any rights to the use of the trade mark vested in those 
persons as if those rights had been vested in a single person. 
Persons Competent to Apply 
31. Any person claiming to be the proprietor of a local trade mark who is desirous of 
registering the same may apply to the Registrar for registration in the prescribed 
manner. 
Duration of Registration and Renewal 
32. The registration of a trade mark shall be for seven years and may be renewed from 
time to time for periods of fifteen years, and unless renewed in the prescribed 
manner, the Registrar may cause the trade mark to be removed from the register at 
the end of the current period of registration after giving the registered owner notice 
of the impending expiry thereof and an opportunity of renewing the same. · 
Alteration of Registered Trade Mark 
33. The registered owner of a trade mark may apply to the Registrar for leave to add to 
or alter the trade mark in any manner not substantially affecting the identity thereof, 
and the Registrar may refuse leave or may gra·nt it on such terms as to advertising 
the application and otherwise, and subject to such limitations as he may think fit. 
PART IV 
The Registrar and the Registers 
Powers and Duties of Registrar 
34. (1) The Registrar shall have such powers and duties as are assigned to him by this Law 
and by any rules made thereunder; he shall exercise judicially any such powers and 
any discretion vested in him and shall state the reasons for his decisions and orders 
in writing at the request of any person affected by such decision or order. 
(2) The Registrar shall have an office and such staff as may from time to time be agreed 
jointly by the Political Resident and the Ruler. IP/N/1/BHR/I/1 
Page 16 
(3) The Registrar shall have an official seal bearing the style of his office and such 
device as shall be approved jointly by the Political Resident and the Ruler, and such 
seal shall be officially and judicially noticed. 
(4) Without prejudice to any provisions of this Law or any rules made thereunder, the 
Registrar shall give to any applicant for registration, any person opposing the same, 
any party to proceedings before him and any person who may be affected by his 
decision or order, an opportunity of being heard or of making a statement before 
making any decision or order or exercising a power or discretion adversely affecting 
the applicant or other party concerned. 
(5) The Registrar shall have the rig hi to appear and to be heard in any suit or proceeding 
before the Court, and shall appear if so directed by the Court, and unless the Court 
otherwise directs, he may submit a statement in writing in lieu of appearance. 
(6) The costs of the Registrar shall be in the discretion of the Court but he shall not be 
ordered to pay the costs of any parties. 
Entries in Registers 
35. (1) In the registers provided by section 3 there shall be entered such particulars of the 
patents, designs and trade marks respectively, of the registered owners, of 
assignments and transmissions, licences, permitted uses, encumbrances and of any 
other matters, including relevant instruments and events, as may be prescribed or as 
the Registrar may think fit. 
(2) Every register shall be open to inspection by the public at such times and on such 
conditions as may be prescribed; certified and sealed copies of or extracts from 
entries in the register or documents relating thereto shall be given to any person 
applying for them on payment of the prescribed fee. 
Provided that a registered design shall not be open to inspection except by the proprietor 
or a person authorised by him in writing or a person authorised by the Registrar, 
before the date when such design becomes open to public inspection in the United 
Kingdom. 
(3) No notice of any trust, whether expressed, implied or constructive, shall be entered in 
any register, and the Registrar shall not be affected by any such notice. 
Registration of Assignments, &c 
36. (1) Where a person has become entitled by assignment or transmission to a share, right 
or interest in a patent, design or trade mark registered under this Law, he shall make 
application to the Registrar to have his right, title or interest as owner, co-owner, 
mortgagee, licensee, or otherwise, as the case may be, entered on the respective 
register, and the Registrar shall, upon proof of the title or interest to his satisfaction, 
cause the entry to be made, and record in the register particulars of the transfer, 
right, title and interest and of any instrument or event by which the applicant derives 
his title or interest: 
Provided that no such transfer, right, title or interest as aforesaid which is registrable in 
the United Kingdom shall, except for good cause, be entered in the register unless it 
has first been registered in the United Kingdom and such registration is proved by a 
certificate of the Comptroller-General in the United Kingdom IP IN/ 1 /BHR/I/ 1 
Page 17 
(2) Without prejudice to the provisions of the foregoing sub-section, an application for the 
registration of the title of any person becoming entitled by assignment or otherwise to 
a registered patent, design or trade mark, or a share therein, or becoming entitled by 
virtue of a mortgage licence or other instrument to any other interest, may be made 
in the prescribed manner by the assignor, mortgagor, licenser or other party to that 
instrument, as the case may be. 
Register and Registration as prima facie Evidence 
37. In all legal proceedings: 
(a) any register shall be prima facie evidence of all matters required or authorised by 
this Law to be entered therein; 
(b) the fact that a person is entered on the appropriate register as registered owner 
shall be prima facie evidence of the validity of the original registration and of all 
subsequent assignments and transmissions. 
Evidence of Entries, Documents, &c 
38. (1) The Registrar shall issue, sign and seal all certificates of registration and such oi:her 
certificates as he may issue. 
(2) A certificate purporting to be signed by the Registrar and certifying as to any entry, 
matter or thing which he is authorised by this Law or by rules to make or do, shall be 
prima facie evidence of the entry having been made, and of the contents thereof, or 
of the matter or thing having been done or not done. 
(3) A copy of any entry in any register or of any document kept by the Registrar, or an 
extract from any such register or document, purporting to be certified by the 
Registrar and to be signed and sealed by him, shall be admitted in evidence in all 
legal proceedings without further proof and without production of the original. 
Adjustment of Registrar 
39. The Registrar may, subject to any rules made in this behalf, make any of the 
following adjustments in the register, that is to say: 
(a) correct any error, or enter any change, in the name, address or description of any 
person entered on the register; 
(b) correct any clerical error in any entry in the register; 
(c) strike out any articles, goods or classes of articles or goods from those in respect 
of which a design or trade mark is registered; 
(d) otherwise alter, vary, delete or cancel any entry on the register: 
Provided that no such adjustment may enlarge any rights or privileges conferred by the 
registratior.. IP/N/1/BHR/I/1 
Page 18 
Powers in Case of Breach of Condition 
40. Where a condition or limitation entered on the register has not been observed or 
otherwise complied with, any person aggrieved by such non-observance or other 
contravention, may apply to the Registrar, and the Registrar may, on such an 
application, or where no such application has been made, of his own motion, make 
such order as he may think fit in the circumstances, including an order for the 
cancellation or variation of a registration or for the adjustment of the register. 
Proceedings before, and Appeals from ttie Registrar 
Aggrieved Persons may Apply for Revision 
41. (1) Any person who feels aggrieved: 
(a) by any decision or order, or any act or default, of the Registrar, or 
(b) by the substance or form of the registration or of any entry in the register or a 
defect therein, or the omission or deletion of any entry or of part thereof from the 
register. 
may apply to the Registrar for redress by way of revision: 
Provided that no person may so apply unless he has been a party to the proceedings 
giving rise to the application, or has been or may be through no fault of his own 
prejudicially affected in his rights or interests by the relevant decision, order, act or 
default. 
(2) The time for making an application under sub-section (1) of this section shall be thirty 
days from the day when such order or decision was made or communicated to the 
person or persons concerned (whichever date is later), and where the revision 
concerns any other act or default of the Registrar the time shall be limited to one 
year from the occurrence of the relevant act, event or thing, or from the time when 
something ought to have been done as the case may be, provided that in any case 
the Registrar or, on appeal, the Court may enlarge the time for cause shown. 
Procedure on Application for Revision 
42. (1) On any application for revision the Registrar may either: 
(a) refer the same to the Court for decision or directions if it raises a point of law or of 
mixed law and fact of some difficulty or importance, and he shall do so if a suit or 
other proceeding concerning the patent, design or trade mark in question is pending 
before the Court; or 
(b) in any other case, on review of the case, confirm, vary or cancel his former 
decision or order, and determine any question or matter raised on the application and 
make such order within his powers as he may think fit: 
Provided that a certificate of registration may not be revoked except by the Court in 
accordance with section 50 of this Law. Procedure on Appeal from Registrar IP/N/1/BHR/I/1 
Page 19 
43. (1) Any party who is aggrieved by any order, decision or other determination of the 
Registrar pursuant to an application for revision under section 41 may appeal to the 
Court by leave of the Registrar or , in the event of the Registrar's refusal, by leave 
of the Court. 
(2) Every application to the Registrar for leave to appeal shall be made within thirty days 
from the date when the order, decision or other determination was made or 
communicated to the applicant, whichever date is later, and any application to the 
Court for leave to appeal shall be made within thirty days from the date of the refusal 
by the Registrar to grant such leave or from the date when such refusal has been 
communicated to the applicant, whichever date may be later. 
(3) A party who is aggrieved by reason of the fact that an application for revision has not 
been determined or otherwise duly disposed of by the Registrar within sixty days 
from the date of the filing thereof with the Registrar may apply to the Court and the 
Court may thereupon make such order as it thinks fit. 
(4) On appeal the Court may make any order as it thinks fit, and decide any matter 
which, in its opinion, should have been made or decided by the Registrar, and for the 
purposes of an appeal the Registrar shall be deemed to be a Court of first instance. 
Procedure before the Registrar 
44. In all proceedings under this Law before the Registrar: 
(a) the Registrar shall have all the powers of a Court of the first instance in civil 
matters for the purposes of receiving evidence, administering oaths, enforcing 
attendance of witnesses, and compelling the discovery and production of documents; 
(b) except as otherwise prescribed, the parties shall be entitled to appear before the 
Registrar, be heard, and make submissions in person or by counsel or by a legal or 
other representative as may be permitted by Rules made under this Law; 
(c) the Registrar may make such orders as to costs as he considers reasonable and 
any such order shall, for the purposes of execution, be considered as a decree or 
order of a Court of first instance in civil matter. 
PARTV 
Legal Proceedings 
Infringement of Rights 
45. (1) Any person who infringes any right or privilege conferred by the registration of a 
patent, design, or trade mark, under this Law shall be liable to proceedings for the 
infringement thereof as provided in this and the next following section. IP/N/1/BHR/I/1 
Page 20 
(2) Without prejudice to the generality of the foregoing sub-section, any such right or 
privilege as aforesaid shall be deemed to be infringed by any person who without 
the consent or authority of the registered owner or other person entitled to give such 
consent or authority or otherwise wrongfully: 
(a) makes, uses, puts into practice or imitates any invention subject to a register~d 
patent; makes, uses, imports, sells or trades in any articles subject to such a patent; 
or directly or indirectly deals with any patented invention, process or article in any 
manner inconsistent with the rights and privileges conferred by the registration of the 
patent; 
(b) does anything which is in any manner inconsistent with the copyright of a design; 
(c) uses or applies in relation to any goods in respect of which a trade mark is 
registered, a mark identical with or so nearly resembling the registered trade mark as 
to be likely to deceive or cause confusion or for the purposes or in the course of any 
trade or business imports, sells, hires, or offers or exposes for sale or hire, or 
otherwise trades in, any goods to which a deceptive or confusing trade mark of the 
kind hereinbefore described has been applied. 
Provided always that possession of or control over infringing goods or articles shall 
not by itself be deemed wrongful unless it is exercised with a view to or in 
connection with an infringement, whether intended, or attempted, or actually 
perpetrated; Provided further that the burden of proving consent or authority shall lie 
with the defendant. 
Proceedings for Infringement 
\ 
46. Any person against whom proceedings for infringement in respect of a registered 
patent, design, or trade mark may be instituted as provided in the last foregoing 
section, shall be liable: 
(a) at the suit of the registered owner of a patent, design or trade mark, or of an 
exclusive licensee of a patent or design, or of a registered user of a trade mark to 
pay to him such damages as the Court may award, or (in lieu of damages, at the 
plaintiffs option) to render an account of profits, and to be restrained by an 
injunction; 
(b) if in the circumstances of a particular case an offence has been committed, 
whether under this Law or otherwise, to be prosecuted for that offence: 
Provided that: 
(1) a prosecution as aforesaid shall not be instituted after a suit for infringement has 
been commenced save with the leave of the court before which such suit is pending 
or has been determined; 
(2) a conviction for any offence under this Law shall not be a bar to proceedings under 
paragraph (a) of this section in respect of anything that has been the subject matter 
of previous criminal proceedings, save and except where in such proceedings orders 
under paragraphs (a) or (c) of section 60 of this Law have been made; 
(3) no infringement proceedings under this Law may be instituted by or on behalf of any 
person whose right or interest has not been registered; IP/N/I/BHR/I/1 
Page 21 
(4) no suit or prosecution shall be maintainable in respect of the 
infringement of any patent, design or trade mark which has not been duly 
registered under this Law or which has been committed before the date 
of the publication or advertisement of the application for registration; 
(5) nothing in this Law shall entitle any person to refuse to make discovery 
or to answer any question or interrogatory in any suit or other civil 
proceeding, but such discovery or answer shall not be admissible in 
evidence against such person in any prosecution for an offence under 
this Law; 
(6) in any suit commenced by an exclusive licencee of a patent or design or 
by a registered user of a trade mark (as the case may be), the registered 
owner shall, unless he is joined as a plaintiff in the proceedings, be 
added as a defendant, but if so added as a defendant, he shall not be 
liable for costs unless he takes part in the proceedings. 
Remedies in a Suit for Infringement 
47. (1) In any suit for the infringement of a patent, design or trade mark, the Court 
shall have Jurisdiction to grant such remedies and such other relief 
(including a declaration of rights and rectification of the register) and make 
such orders (including orders for the variation or cancellation of an entry in 
the register or of the regi'stration, and for the revocation of a certificate of 
registration) as it may see fit. 
(2) In a suit for infringement, the Court may, on the application ofeither party, 
make such orders for an injunction, inspection or account, and impose such 
tenns, and give such directions respecting the same, and the proceedings 
generally, as the Court may see fit. 
(3) Where, in any proceedings, the Court finds that an infringement has taken 
place, it may, on the application of an interested party, order, if it sees fit to 
do so, that the infringing articles or goods, or any infringing parts, or any 
receptacles, coverings, implements and other things which have been used 
in connection with the infringement and which are in the possession or 
under the control of the defendant, be delivered up, impounded, forfeited, 
disposed of or destroyed. 
(4) The costs of all parties shall be in the absolute discretion of the Court. 
(5) Subject to the provisions of this Law, equities in respect of a patent, design 
or trade mark may be enforced in like manner as in respect of any other 
personal property. IP /NI I /BHR/1/ 1 
Page 22 
Innocent Infringement 
48. (1) In infringement proceedings neither damages nor an account of profits in 
lieu of damages shall be awarded or allowed against the defendant who 
proves to the satisfaction of the Court that: 
(a) at the time of the alleged infringement he was not aware, and had no 
reasonable grounds for supposing, that the patent, design, or trade 
.mark, as the case may be, had been registered in the Territory; or 
(b) that otherwise he has acted innocently. 
(2) A person shall not be deemed to have been aware of or to have had 
reasonable grounds for supposing that a patent, design or trade mark (as 
the case may be) has been registered by reason only of the marking of any 
article with the words like "patent," "patented," "registered" (as the case may 
be) or any abbreviation of these words, or any other words purporting to 
indicate that the patent, design or trade mark has been registered, unless a 
reference to the Territory and the number of the registration in the Territory 
accompanies the words or abbreviation in question. 
(3) Nothing in this section shall affect the powers of the Court to grant an 
injunction in any infringement proceedings. 
Groundless Threats of Infringement Proceedings 
49. (1) Where any person (whether or not entitled to or interested in a patent or a 
design registered under this Law or an application for the registration of a 
patent or of a design) by circular, advertisement or otherwise threatens any 
other person with proceedings for infringement of the patent or of the 
copyright in a registered design, any person aggrieved thereby may bring a 
suit against him for any such relief as is mentioned in the next following sub­
section. 
(2) Unless in any suit brought by virtue of this section, the defendant proves that 
the acts in respect of which proceedings were threatened constitute, or, if 
done, would constitute, an infringement of a patent or of the copyright in a 
registered design, as the case may be, the registration of which is not shown 
by the plaintiff to be invalid, the plaintiff shall be entitled to the following 
relief, that is to say: 
(a) a declaration to the effect that the threats are unjustifiable; 
(b) an injunction against the continuance of the threats; and 
(c) such damages, if any, as he has sustained thereby. IP/N/1/BHR/I/1 
Page 23 
(3) A mere notification that a patent exists or has been registered or that a 
design is registered, does not constitute a threat of proceedings within the 
meaning of this section. 
Revocation of a Certificate of Registration 
50. (1)Subject to the provisions of this Law, a certificate of registration may be 
revoked by the Court on the application made by any person interested, the 
Crown Prosecutor, or a person appointed by the Court on the following 
grounds: 
(a) that the certificate of registration ought not to have been granted or be 
allowed to continue in force; 
(b) that there is no bona fide user of the patent, or of the design or trade 
mark in connection with the articles or goods for which it is registered, 
and there has not been any such user during two years immediately 
preceding the application. 
(2) If any application under this section is made after the expiration of five years 
from the date of the publication of the application for registration by any 
person other than the Crown Prosecutor, the Court may refuse to revoke 
the registration if it appears that there has been negligence or 
unreasonable delay in pursuing the remedy. 
(3) The Court may, if it thinks fit, order rectification of the register in lieu of the 
revocation of a certificate of registration. 
(4) Every ground on which a certificate of registration may be revoked shall be 
available as a ground of defence in any infringement proceedings. 
Saving of Remedies 
51. Notwithstanding the Proviso (3) to section 46 of this Law, nothing in this Part of 
the Law shall be deemed to affect in any way the right to sue for passing off 
goods as those of another person, or any other right to sue, or any remedy or 
relief which a person may have or be entitled to claim apart from this Law. 
Part VI 
Offences 
Falsification of Register, &c. 
52. Any person who makes or causes to be made a false entry in a register kept 
under this Law or a writing falsely purporting to be a copy of an entry in any 
such register, or produces or tenders or causes to be produced or tendered in 
evidence any such writing, knowing the entry or writing to be false, shall, on IP/N/1/BHR/1/1 
Page 24 
conviction, be liable to imprisonment not exceeding two years or a fine not 
exceeding 1,500 rupees or to both such imprisonment and fine. 
False Representation of Registration 
53. (1) Any person who falsely represents: 
(a) that an article sold by him is a patented article, or 
(b) that a design applied to .any article sold by him'is registered in respect 
of that article, or 
(c) with respect to a mark not being a registered trade mark, that it is a 
registered trade mark, 
shall be liable to a fine not exceeding 500 rupees; and for the purposes of 
this provision a person who in the course of trade sells or deals with an 
article having stamped, engraved or impressed thereon or otherwise 
applied thereto, the word "patent," or "patented" or "registered" or any 
other word expressing or implying that the article is patented, or that the 
design or mark respectively applied to the article or the goods is registered, 
shall be deemed to represent that the article is subject to ~ patent, or, as 
the case may be, that the design or trade mark applied to the article or 
goods is registered in respect of that article or the goods. 
(2) Any person who, after the registration of a patent, design or trade mark, 
as the case may be, has expired or ceased to be operative, marks any 
article with the word "patented," "registered" or any words implying that 
there is a subsisting patent, copyright; in the design, or right to the use of a 
registered trade mark, as the case may be, or causes any such article to 
be so marked, shall be liable to a fine not exceeding 500 rupees. 
Fraudulent Infringement of a Patent, Registered Design or Trade Mark 
54. (1) Any person who, for the use, benefit or account of himself or of any other 
person, fraudulently and without any claim of right made in good faith, 
does anything or causes anything to be done which would render him 
liable to infringement proceedings under sections 45 and 46 of this Law, 
shall be liable to imprisonment not exceeding twelve months or a fine of 
not more than 1,500 rupees, or to both such imprisonment and fine. 
(2) Any person who knows, or has reasonable grounds for assuming that a 
fraudulent infringement punishable under the foregoing sub-section has 
been committed, and claims, offers, accepts, agrees to accept or in any 
way derives any gain or profit from such unlawful act or in connection 
therewith for the benefit or account of himself or any other person, shall be 
liable to the same punishment as if he himself had committed the offence IP /N/1 /BHR/I/1 
Page 25 
of fraudulent infringement and may be proceeded against, tried and 
punished, irrespective of whether or not the principal offender has been 
so proceeded against, convicted or punished. 
Further Offences under the Law 
55, (1) Any person who: 
(a) counterfeits a registered design; 
(b) forges a trade mark registered under this Law; 
(c) applies any false description to goods or articles protected by the 
registration of any patent, design or trade mark under this Law, as to 
the place or country where the goods were made or produced; or the 
mode of manufacturing or producing any such goods or articles; or as 
to the materials of which they are made or their quality; 
(d) makes or performs any part of the process of making, or buys or has in 
his possession or under his control, or disposes of, any die, block, 
machine, instrument, or other implement, for the purpose of: 
(1) forging a trade mark or counterfeiting a design, or of being used for 
such forging or counterfeiting, or 
(2) fraudulently infringing a registered patent or of being used in 
connection with a fraudulent infringement of a registered patent; 
(e) sells or exposes for sale or has in his possession for sale, or for any 
purpose of trade or manufacture, any goods or things: 
(1) to which a forged trade mark or a false description or a mark or 
design as the case may be, so nearly resembling the registered 
trade mark or design respectively as is likely to deceive or cause 
confusion in the course of trade, is applied, or 
(2) which infringes a registered patent; 
(f) makes, packs or wraps, sells, stores for the purpose of sale, or offers 
or exposes for sale, goods so got up, packed, wrapped or otherwise 
prepared, so as to lead to the belief that they are goods of another 
manufacturer or are of an origin other than their true origin; 
(g) imports any goods which would constitute an infringement of a 
registered patent, design or trade mark, or imports goods so got up, 
wrapped, packed, or prepared, as to enable such goods to be passed 
off as the goods of another manufacturer; IP IN/ 1/BHR/I/ 1 
Page 26 
(h) or causes any of the things above mentioned to be done, shall on 
conviction be liable to imprisonment not exceeding two years or to a 
fine not exceeding 1,500 rupees, or to both. 
(2) For the purposes of paragraph (f) and (g) of sub-section (1) of this section, 
it shall be immaterial whether the goods, the packing, wrapping or get-up 
of which is imitated, bear a trade mark or not. 
Unauthorised Use of Royal Anns and State Emblems 
56. If a person without due authority uses in connection with any trade, business, 
calling or profession: 
(a) the Royal Arms or the Arms or Emblems of the Ruler of the Territory, or 
arms or emblems so closely resembling the same as to be likely to 
deceive, or 
(b) any device, emblem, title or description in such manner as to be likely to 
lead to the belief that he is employed by or supplies goods to or is 
connected with Her Majesty's Government or the Government of the 
Territory or any department of any such Government, 
shall be guilty of an offence against this Law and liable on conviction to a fine 
of 300 rupees, and in lieu of or in addition to any such fine, to be ordered to 
give security to refrain from continuing so to use the said arms, emblems, 
devices, titles and descriptions, on such terms and conditions as the Court 
may see fit to order. 
Attempts, Conspiracies, Abettors 
57. Whoever attempts to commit, or conspires with others to commit, or aids or 
abets an offender before, at, or after the commission of any offence under this 
Law, or procures the commission of such an offence, shall on conviction be 
liable to the same punishment as if he himself had committed the particular 
offence. 
Definitions 
58. A person shall be deemed: 
(a) to forge a trade mark who either. 
(1) without the consent of the registered owner, the proof of which shall lie 
on the accused, makes that trade mark or a mark so nearly 
resembling that trade mark as to be likely to deceive; or IP /N/1 /BHR/I/1 
Page 27 
(2) falsifies any genuine trade mark whether by alteration, addition, 
effacement or otherwise, 
and any trade mark or mark so made or falsified shall be deemed to be a 
forged trade mark; 
(b) to do a thing "fraudulently" ''with intent to defraud" if he does that thing 
with intent to deceive and by means of such deceit to obtain some 
advantage for himself or another, or to cause loss or injury to any other 
person. 
(c) to apply a false description if he in any manner, directly or indirectly, uses, 
attaches, assigns or connects, as regards the goods or articles in 
question any description or indication which is false in a material particular 
referring to any of the matters mentioned in paragraph (c) of section 55 
(1 ). 
Offences by Companies 
59. Where an offence under this Law is committed by a company or any body 
corporate, every person who at the time of the commission of the offence is a 
director, general manager, secretary or other similar officer of the body 
corporate, or is purporting to a'ct in any such capacity, shall be deemed to be 
guilty of that offence unless he proves that the offence was committed without 
his consent, knowledge or connivance and that he exercised all such diligence 
to prevent the commission of the offence as he ought to have exercised 
having regard to the nature of his functions in that capacity and to all the 
circumstances: 
Provided that nothing in this section shall affect the separate liability of a 
company or other body corporate to punishment by fine after conviction for 
any offence under this Law. 
Damages, Forfeiture, Binding Over 
60. On the conviction of a person accused of any offence under this Law the Court 
may, on the application of an injured party, and if all material facts have been 
established by evidence in the proceedings, make any of the following orders, 
as it thinks fit, that is to say: 
(a) that, in lieu of or in addition to any penalty imposed, damages not 
exceeding 1,500 rupees be paid to the applicant for any loss or damages 
proved to have been suffered by him by reason of an infringement of his 
rights under this Law for which he has not otherwise been compensated; 
(b) that the infringing articles and other things referred to in sub-section (3) of 
section 47 of this Law be dealt with as provided in the said sub-section; IP/N/1/BHR/I/1 
Page 28 
(c) that the accused in lieu of or in addition to any penalty be ordered to give 
security to refrain from continuing or repeating any infringement himself or 
by his servants or agents on such terms and conditions as the Court may 
determine. 
Time-Umit for Prosecution of Offences 
61. No prosecution for any offence under sections 53 to 57 of this Law shall be 
commenced. after three years from the commission of the offence, or after one 
year from the first discovery thereof by the complainant or prosecutor, 
whichever period first expires. 
Exemption from Uability 
62. Nothing in this Law shall render a person liable for any offence under this Law if 
he can satisfy the Court: 
(a) that the infringement was innocent in the sense of section 48 of this Law; 
or 
(b) that, if he is an employed person, he acted bona tide in the course of his 
employment and in obedience to orders of his master or superior; or 
(c) that he acted with the consent or authority of the person entitled to give it, 
or otherwise in good faith and without intent to defraud. 
Part VII 
Supplemental 
Directions of Court or Registrar 
63. If in proceedings before the Registrar any matter of procedure or form does not 
appear to be regulated by this Law or by rules made thereunder, the Registrar 
or Court may give such directions as appear necessary or expedient. 
Fees 
64. The fees payable in respect of applications, certificates, renewals and other 
matters, are set out in the Schedule to this Law. 
Power to make Rules 
65. (1) The Registrar may from time to time make rules consistent with this Law: 
(a) in respect of all matters by this Law to be prescribed by rules; IP/N/1/BHR/I/l 
Page 29 
(b) regulating procedure and the proceedings and business under his 
control; 
(c) to facilitate the carrying into effect of the provisions of this Law. 
(2) Rules made under this section shall not come into force unless and until 
they have been approved by the Ruler and the Political Resident. 
Protection of the Registrar 
66. The Registrar, or any person authorised to perform his functions, shall not be 
liable to be sued in any court for anything said or done or omitted to be done 
in the proper discharge of his powers or duties under this Law or for any 
decision, declaration or order made by him in the performance of his functions, 
nor shall any order for costs be made against him; and no officer of any court 
or any other person executing the orders or directions of the Registrar or other 
person performing the Registrar's functions, shall be liable to be sued in any 
court in respect of the proper execution of any such order or direction which, 
on the face of it, appears to have been lawfully made or given. 
Transitional Provisions 
67. (1) The time of three years provided in section 18 for the application for the 
registration of patents or designs shall apply only to patents granted, and 
designs registered, in the United Kingdom after the coming into force of 
this Law. 
(2) Where a patent or design has been registered in the United Kingdom before 
the date on which this Law comes into force, the time limit for applying for 
registration shall be two years from the date on which this Law comes into 
operation or three years from the date of registration in the United 
Kingdom, which is the longer. IP/N/1/BHR/I/l 
Page 30 
Section 64 SCHEDULE 
List of Fees 
Rupees 
First: PATENTS 
1. On application for registration of a patent 75 
2. On registration or the issue of a certificate of registration 30 
3. On expiry of five years from date of registration, for continuing 
the registration for another five years 200 
4. On expiry of ten years from date of registration, for continuing 
the registration for the remainder of term 350 
Second: DESIGNS 
5. On application for registration of: 
a. each design (other than for textile articles) 15 
lace 2 
b. a design to be applied to a set of articles (not textile articles) 20 
c. a design for a textile article other than mentioned under (d) 5 
d. a design for a textile article consisting substantially of checks 
or stripes 2 
6. On registration or on the issue of a certificate of registration in 
respect of: 
a. each design (other than for textile articles) 10 
lace 2 
b. a design to be applied to a set of articles (not being textile 
articles) 25 
c. a design for a textile article other than mentioned under (d) 2 
d. a design for a textile article consisting substantially of checks 
or stripes 1 
7. On expiry of five and ten years respectively from date of 
registration, for continuing the registration in respect of: 
a. a design (other than for textile articles) 50 
lace 3 
b. a design to be applied to a set of articles (not being textile 
articles) 60 
c. a design for a textile article other than mentioned under (d) 20 
d. a design for a textile article consisting substantially of checks 
or stripes 20 Third: TRADE MARKS 
8. On application for the registration of a trade mark: IP/N/1/BHR/I/l 
Page 31 
a. registered in the United Kingdom 15 
b. which is a local trade mark to be registered for the first time 15 
9. On application for registration of a registered user of a trade 
_mark registered in the United Kingdom 30 
10. On the issue of a certificate of registration of: 
a. a trade mark registered in the United Kingdom 30 
b. a local trade mark 25 
11. On each renewal of a local trade mark 30 
12. On expiry of five years from the date of registration of a trade 
mark registered in the United Kingdom and every five years 
thereafter for continuing the registration, on each occasion 35 
Fourth: FEES APPLICABLE TO PATENTS, DESIGNS AND TRADE MARKS 
13. Application for amendment of a specification of a patent, or to 
add to or alter a registered trade mark 35 
14. Application or Notice to fix or attend a hearing before the 
Registrar 20 
15. Application for adjustment of the register under section 39 (d) 15 
16. Application under section 40 for breach of condition, &c. 25 
17. Application for revision under section 41 25 
18. Application for registration of any matter other than the first 
registration of a patent, design or trade mark 10 
19. All other applications, requests and notifications to the 
Registrar under the Law 1 O 
20. Notice of opposition to Registrar to application for registration 25 
21. Counter-statement in proceedings before Registrar 15 
22. Drawing up a Registrar's order or decision or any certificate 15 IP/N/1/BHR/I/1 
Page 32 
23. For making copies of or extracts from any order, decision, 
or any document, register, or other writing, per 100 words 
or any part thereof 1 /2 
24. For examining and certifying any written or printed copy or 
extract per 100 words or any part thereof 1 /2 
25. Minimum fee per document 5 
Late fee for any application made out of time (if receivable), 
including applications for the renewal or continuance of 
registration or for restoring an expired registration to a register: 
25 per cent, of the prescribed fee payable in addition to that 
fee if the application is made within three months after the 
prescribed time, and thereafter an additional 10 per cent, for 
each full month of further delay, subject to a maximum fee of 
100 per cent, of the original fee. 
Note: All applications and appeals under this Law to the Joint Court or 
any other Court or in the course of proceedings before any Court 
shall be subject to the Court Fees. AMIRI DECREE N0.22 OF 1977 IP/N/1/BHR/I/1 
Page 33 
WITH RESPECT TO AMENDMENT TO CERTAIN PROVISIONS 
OF THE PATENTS, DESIGNS AND TRADE MARKS REGULATIONS OF 1955 
We, Isa bin Salman Al Khalifa, Amir of the State of Bahrain, 
having examined the Constitution, 
and Patents, Designs and Trade Marks Regulations, 
and upon the submission of the Minister of Commerce and Agriculture, 
and with the approval of the Council of Ministers, 
Hereby decree the following: 
Article 1 
a. There shall be added to the definitions contained in section 1 of the Patents, 
Designs and Trade Marks Regulations of 1955, the following definition of the 
phrase service sign, "it includes every apparent indications used, meant to be 
used for distinguishing the services of a project from the service of other 
projects." The two words "service" and "services" shall be added after the two 
words "commodity" and "goods" whenever they are stated in the provisions of 
the Regulations. 
b. The phrase "Joint Court" shall be replaced by the phrase (High Court), the 
expression "territory" shall be replaced by "the State of Bahrain" and the 
expression "the Register'' shall be replaced by ''the Register of Commerce" at 
the Directorate of Commerce and Company Affairs, whenever such phrases 
occur in the Regulations. 
c. There shall be deleted from the definitions contained in section 1 of the 
Regulations, the definition of "Comptroller-General", "oath", "prescribed", the 
phrases "local trade mark" and "United Kingdom" shall be deleted wherever they 
occur in the Regulations. 
Article 2 
The following phrase shall be added to clause (a) of section 5 ''within the ambit of 
the laws". IP/N/1/BHR/1/1 
Page 34 
Article 3 
Section 7 of the Regulations shall be substituted by the following: 
''The application for registering trade mark, design or patent shall be submitted to 
the Registrar of Commerce at the Directorate of Commerce and Company Affairs 
according to the pres~bed terms and conditions." 
Article 4 
Section 8 of the Regulations shall be replaced by the following: 
"1. The Register of Commerce at the Directorate of Commerce and Company 
Affairs may lay down the restrictions and amendments vvhich it deems 
necessary to determine trade mark, patent or description of the products or 
services related thereto in the interest of accuracy to avoid conflict with another 
trade mark, patent or design which has already been registered. 
2. The said Department in the event of rejection or approval pending a condition 
shall notify the applicant by registered letter of the reasons for its decision along 
with a statement of the facts of the case. 
3. Should the applicant fail to conform to any restrictions and amendments laid 
down by the said Department within 6 months of the date on which he was 
notified, he shall be deemed to have abandoned his application." 
Article 5 
Paragraph 2 of Section 10 of the Regulations shall be replaced by the following: 
"It is a prerequisite that no violation committed prior to the date of the publication of 
the application for registration shall be amenable to legal process." 
Article 6 
There shall be added to the Regulations section 10 bis which shall read as follows: 
''The applicant may appeal against the decision of the Register of Commerce at the 
Directorate of Commerce and Company Affairs within 30 days of the date of the 
service of notice. The said appeal shall be referred to a committee the formation of 
which shall be by virtue of an order by the Minister of Commerce and Agriculture 
provided that one of its members shall be a representative from the Directorate of 
Legal Affairs at the Ministry of State for Legal Affairs." Article 7 
Section 11 of the Regulation shall be replaced by the following: IP/N/1/BHR/I/1 
Page 35 
"1. The Register of Commerce at the Directorate of Commerce and Company 
Affairs shall in the event of approving the trade mark, patent or design or the 
issue of a decision in favour of the applicant publish it in the prescribed manner. 
2. Every concerned person may submit .to the aforementioned Register of 
Commerce a written notice of his objection inclusive of the grounds he relies 
upon within 30 days of the date of the publication. 
~. The Register of Commerce shall send to the applicant for registration a copy of 
the notice of objection and thereafter the applicant shall forward to the Register 
of Commerce within 30 days of the receipt of the notice with respect to objection 
a written reply to the said objection inclusive of the reasons therefor. If the reply 
is not received by the Register of Commerce on the aforementioned date, the 
applicant shall be deemed to have abandoned his application." 
Article 8 
A section 11 bis shall be added to the Regulations which shall read as follows: 
"1. The objection shall be heard by the committee provided for in Article 6 of this 
Law and the said committee shail hear the testimony of the two parties or one, 
should he so request. before reaching a decision with respect to such objection. 
2. The committee shall pass a decision upholding or rejecting the registration. In 
the fonner case, it may attach conditions which it deems necessary. 
3. The committee's decision on the objection is appealable to the High Court within 
30 days from the date of service of the notice to the person concerned by a 
registered letter." 
Article 9 
Sections 2, 17, 23, 31 of the Regulations shall be replaced by the following: 
"1. The following persons shall have the right to register their trade marks, patents 
or designs: 
(a) Every proprietor of a factory, manufacturer, merchant or individual of 
Bahraini nationality. 
(b) Every foreign owner of a factory, manufacturer, merchant or individual 
residing in the State of Bahrain or has factual premises therein. IP/N/1/BHR/I/1 
Page 36 
(c) Every proprietor of a factory, manufacturer, merchant or individual who is a 
national of a country which has dealings with the State of Bahrain on a 
reciprocal basis or has factual premises therein. 
(d) Companies, organisations, firms, groups of professional tradesmen, 
manufacturers, merchants or societies which in fact have premises in the 
State of Bahrain or in any of the aforementioned countries, if they have 
corporate entities. 
(e) Government departments. 
2. A record of every trade mark, patent and design shall be maintained and be 
under the supervision of the Register of Commerce at the Directorate of 
Commerce and Company Affairs." 
Article 10 
Section 21 of the Regulations shall be replaced by the following: 
"1. The proprietor of a trade mark, design or patent may apply at any time to the 
Register of Commerce seeking any addition or amendment thereto without any 
substantial alteration. 
2. The Register of Commerce shall make an order in this matter having regard to 
the procedural conditions on the basis of which the registration of application 
was allowed. The said order is appealable in accordance with the prescribed 
rules set for the appeal of such decisions." 
Article 11 
Section 22 of the Regulations shall be replaced by the following: 
"1. Legal protection period arising from registration shall be as follows: 
(a) Trade Mark: 5 years renewable for further successive periods of 5 years 
each. 
(b) Design: 
(c) Patent: 5 years renewable for 2 periods of 5 years each. 
15 years which may be extended to 5 more years if the patent 
is of special significance and has not brought in a return 
proportionate to the expenditure. 
The aforementioned periods shall commence from the date of submitting the 
application for registration and in accordance with tne prescribed conditions. IP/N/1/BHR/I/l 
Page 37 
2. An eligible person shall have the right, after payment of the prescribed fees, to 
enjoy the continuance of protection for further periods, if he applies for renewal 
during the preceding year in accordance with the terms and conditions provided 
for in Article 3 of this Law every time he wishes to renew protection for a further 
period. 
3. Within the preceding six months from any period of protection, the Register of 
Commerce shall give notice to the proprietor of a trade mark, design or patent 
by a registered letter informing him of the expiry date of such protection to his 
address indicated in the Register. 
4. The registration shall be effected without a new enquiry and regardless of any 
objection from third parties." 
Article 12 
Sections 39 and 40 of the Regulations shall be replaced by the following: 
''The High Court may rule at the request of the Register of Commerce at the 
Directorate of Commerce and Company Affairs or at the request of the person 
concerned, to enter any change, correct any clerical error, delete or adjust any entry 
in the Register that may have been entered erroneously or falsely." 
Article 13 
There shall be deleted from Section 46 the phrase "or (in lieu of damages, at the 
plaintiffs option) to render an account of profits, and to be restrained by an 
injunction)" which is included in Clause (a) of this section as well as the phrase "a 
prosecution as aforesaid shall not be instituted after a suit for infringement has been 
commenced save with the leave of the court before which such suit is pending or 
has been determined" which is included in Clause (b) of this section. 
Artir.:le 14 
There shall be deleted from Section 50 of the Regulations the phrase "the Crown 
Prosecutor" and the phrase "a person appointed by the Court". 
Article 15 
There shall be deleted from Article 56 of the Regulations the phrase "the Royal 
Arms". The phrase "the Ruler of the Territory" shall be replaced by the phrase 
"Amir of the State of Bahrain" and the phrase of "Her Majesty's Government" shall 
be replaced by the phrase "the Government of Bahrain". 
Article 16 
Sections 18, 19, 20, 33, 34 and the last paragraph of Section 36 as well as 
Sections 41, 42, 43, 44, 63, 65, 66 and 67 shall be deleted from the Regulations. IP/N/1/BHR/I/1 
Page 38 
Article 17 
section 64 of the Regulations shall be replaced by the following: 
''The Minister of Commerce and Agriculture shall issue the necessary orders for the 
implementation of the Patents, Designs and Trade Marks Regulations." 
Article 18 
The Ministers, each in his respective capacity, shall implement this Law which shall 
come into effect from the date of its publication in the Official Gazette. 
Amir of the State of Bahrain 
Isa bin Salman Al Khalifa 
Issued at Riffa Palace 
On 28th Thulhi]a,1397 H. 
Corresponding to 9th November, 1977