The Preventive Protection of Trademark under Bahraini Laws- A Comparative Study

Abstract

Trademarks are protected in different countries through regulations pertaining to the acquisition of the ownership of the trademark and through regulating the rights and entitlements thereof. These regulations vary between different countries; one of the main differences is whether the privilege and entitlement of the trade mark is based on the registration of the trademark or the mere use of it. Countries that deem registration as a must for protecting a trademark do not consider unregistered trademarks, while such unregistered trademarks can be protected in countries that consider (the usage) of such trademark. An issue arises about the protection of an unregistered trademark (famous trademark) in a country that has regulations that protect both registered and unregistered trademarks. Such issues arise from the ambiguity of the extent of protection that each regulation provides. The protection of famous (unregistered trademarks) comprises of different points. One of the least examined points is those pertaining to the preventive protection, which aims at preventing a third party from registering an unregistered mark. Such prevention is achieved through several means specified by law, in order to prevent any legal conflicts. This article discusses the possibility of providing preventive protection and its means in the legislation in the Kingdom of Bahrain and other comparative legislations and International treaties.