"ملف 10/7 II تسجيل العلامات التجارية وحماية الابتكارات في جزيرة البحرين' [و‎‎٢‎٤‎٧] (٦٣٠/٤٩٧)

(Copy or letter No # 172-18 y /l64 dated the 3rd February
1943 from the Hon'ble the Political Resident in the
Persian Gulf, Bushire, to the Secretary to the Govern
ment of India in the External Affairs Department ? N.Delhi
Subject: Trade Marks.
I have the honour to forward a copy of a letter
received from the Political Agent, Muscat, and to request
that legal opinion may be taken on the point of law raised
and the result communicated to this office,
2. The question of what legal protection is in fact
given to individuals who register their trade marks at
our Agencies, in the Gulf has been raised at various times
but no authoritative ruling has been laid down, frade
marks have been registered for some time in the ^ahrain
Agency at a charge of Es,2/8/- each on receipt of an appli
cation accompanied by 3 copies of the trade mark which it
is desired to register. The question at issue is how far
this registration gives protection. It may be argued that
protection is afforded in Bahrain by Article 28 of the
Bahrain Order-in-Council taken in conjunction with sectiora
487 to 489 of the Indian Penal Code and that similar pro
tection is afforded in Muscat by Article 30 of the Muscat
Order-in-Council, 1939, - But on the other hand it appears
doubtful whether the fact of registration would assist a
prosecution for infringement of a trade mark beyond consti
tuting evidence of intention in a case under Section 487
of the Indian Penal Code, However, an authoritative
opinion is requested both on the individual case referred
by Political Agent, Muscat and on the general question
of the protection afforded by the Orders-in-Coimcil in con
-junction with the Indian Penal Code in the gulf States.