Article 1 of the draft Law on Trademarks provides:
"A trademark is any distinctive sign comprised names, works, signatures, letters, symbols, numerals, addresses, seals, designs, pictures, engravings, figurative elements, shapes, wrappings, 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 of the draft Law provides that the following shall not be considered as registerable trademarks and their application for registration shall not be accepted if they have any of the following descriptions:
a) 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.
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.
f) Geographical names and indications if their use is likely to cause confusion with respect to the origin or source of the goods or services.
g) 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 fictitious commercial name.
h) Name of another person or his surname, photograph or emblems unless he or his heirs give their prior approval to the use thereof.
i) 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.
j) 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.
k) 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 or identical goods or services to the goods or services for which it is famous 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 wellknown trade mark and indicates a relationship between it and such goods or services.
l) Marks that contain the following words or expressions: 'licence', 'registered', 'registered drawing', 'copyright' or such similar words and expressions.
