Full text · showing key sections
Unless contrary to the subject or context, in this Act—
(a) use false or misleading trade descriptions in relation to any goods or services;
(b) any addition or omission or alteration in the trade description of any goods or services which is false or misleading;
(c) indicating in the trade description of any goods that the actual quantity of the goods kept or held is greater than the quantity measured in yards or meters of standard quality;
(d) applying any mark or arrangement or combination thereof to any goods in such a manner as to give rise to the belief that the said goods are owned by a person other than its true owner; or
(e) using the false name or signature of any person in the trade description of any goods or services as if the name or signature of that person were—
(n) any trademark or any part thereof is non-proprietary;
(a) imitates or fraudulently resembles the name or signature of a person who carries on a business in goods or services of the same description, but has not given any authority to use such name or signature; And
(e) the name of a fictitious person or the name of a person who does not carry on a business of similar goods or services;
and further that any trade description, any trade mark or part of a trade mark shall be deemed to be a false trade description in accordance with the provisions of this Act;
(a) the number, quantity, measure, gauge or weight of any goods or services;
(b) the quality of any goods or services according to classification generally used or accepted in the trade;
(c) any products
Pure Food Ordinance, 1959
A defined food or
Drugs Act, 1940
If this defined medicine is its strength, effectiveness, quality;
(d) the place, state or time of manufacture or production of any goods or services;
(e) any indication as to the name and address or identity of the producer of the goods or services or for whom they are produced;
(f) the preparation or production process of any product or service;
(g) description of the materials used to manufacture any product or service; or
(h) Existing patents, privileges or copyrights relating to any product or service shall include the following matters,-
(b) the use of any indicative number, word or mark generally accepted as a prevailing trade or business practice in any of the matters referred to in clauses (a) to (g) as a trade description;
(a) the description of any imported goods included in the bill of entry or shipping bill; And
(e) any other description which is likely to be misconstrued or misrepresented as relating to the subject matter covered;
(a) in relation to the provisions of Chapter X other than section 77,—
(b) any registered trade mark or any mark used in connection with any goods in which the trade shows that the owner of the mark is the owner of such goods;
(a) any mark used in connection with any service that appears in the trade to be the copyright of the user of the mark on that service;
(b) subject to other provisions of this Act, any mark used or proposed to be used in connection with any service or product appears to be the owner or registered user of any mark;
(c) certification trademark;
Code of Civil Procedure, 1908
(Act V of 1908);
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[Director General];
(a) able to indicate separately the source of the goods or services of different commercial establishments or other common characteristics including the quality of similar goods or services,
(b) using different similar establishments under the control of the registered proprietor of the collective mark, and
(c) is used in relation to the goods or services of a legal entity constituted under the coordination and control of persons engaged in the same business;
(a)
Patents And Designs Act, 1911
(Act II of 1911), hereinafter referred to in this section as the said Act, the Department of Patents, Designs and Trade Marks established thereunder
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[Unit] Trademarks Registry shall;
(b) there shall be a Registrar in the Trademarks Registry who shall
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shall be known as the [Director General], and the Registrar of Patents, Designs and Trade Marks appointed under the said Act
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[Director General] Shall.
(a) the name of the company, or individual or firm represented in a particular or specific manner;
(b) the signature of the applicant for registration or any predecessor of his business;
(c) one or more invented words;
(d) one or more words without direct reference to the characteristics or qualities of the goods or services, which are not, in the general sense, names of geographical places, clans, or persons, or abbreviations of these names, or names of any community, tribe or tribe of Bangladesh;
(e) any other distinctive mark.
No mark or part of a mark shall be registered as a trademark, if—
(a) Something in it
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[contains] that which is obscene or offensive;
(b) it contravenes any existing law;
(c) its use may be deceptive or misleading;
(d) it contains any matter which may offend the religious sentiments of any citizen of Bangladesh;
(e) uses the name, initials, hallmark, monogram, map, flag, emblem, symbol or any part thereof consistent or partially consistent therewith, without the permission of the competent authority or person, of any country or international organization or any organization or office established by international agreement or convention;
(f) he is not otherwise entitled to recourse to the Court; or
(g) Any application made in bad faith or in bad faith.
No chemical substance or preparation thereof shall be registered in a similar word with a different name from a mixture of single or compound chemical substances commonly used or accepted for trademark registration, and notwithstanding any provision to the contrary in section 29, for the purpose of section 51, any such registration shall be deemed to have been entered or erroneously entered in the register without reasonable cause:
Provided thatnothing in this section shall apply to the use of the brand or make indication merely to distinguish the substance or compound prepared by the proprietor or registered user of the trade-mark from the substance or compound prepared by others, and in the case of intending to use it in the form connected with any convenient name or description.
[Trademarks which are similar or confusingly similar to any well-known trademark registered in Bangladesh for any goods or services or a translation of a similar mark or trade description shall not be registered for any other goods or services, if,-]
(a) any such trademark is used in such a manner as to create a false impression as to the association of such goods or services with the registered proprietor; or
(b) such use is likely to impair the interests of the registered trademark.
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The common understanding or knowledge [of the consumer and the seller in common] shall be taken into account.
Explanation- For the purpose of this section, ``earlier trade mark'' means a registered trade mark which has been registered prior to the filing of the application for registration of the trade mark in question and which has priority in being claimed as a trade mark, and includes any trade mark which, if an application for registration has been filed earlier and registered on the basis of the said application, would have been treated as an earlier trade mark.
If it is suspected that a living person or a deceased person has been associated with an application for registration of a trademark within 20 (twenty) years prior to the filing of the application, the Registrar may, before considering the application, direct the applicant to submit written consent to the said living person or, as the case may be, the legal representative of the deceased person and if the said consent is not submitted, the Registrar may refuse to consider the said application.
(a) the goods or, as the case may be, the services for which the trademark is used or proposed to be used, a description of the goods or services;
(b) details of the number, value, quality and name of place;
(c) other non-distinctive matters which do not significantly impair the individuality of the trademark; or
(d) Color.
If any trademark—
(a) contains any part, which has not been separately registered as a trademark in the name of the proprietor, or for which separate registration has not been applied for, or
(b) has any matter of a characteristic which is not in common or otherwise distinctive with the business concerned,
In that case, while considering whether the trademark shall be entered in the Register or whether it shall remain in the Register, the Tribunal may, in deciding in favor of the inclusion of such feature or part in the Register, impose a condition to the effect that the proprietor shall not, in the opinion of the Tribunal, claim the exclusive right of use of the corresponding part in whole or in part, or in the opinion of the Tribunal, under the relevant registration. The Proprietor may issue such disclaimer as it deems fit to limit the rights or entitlements of the Proprietor:
Provided, however, that any such waiver shall not impair any right of the proprietor of the trademark other than any right arising from the registration of the trademark in respect of which the claim is waived.
5) Subject to the provisions of this Act, the Registrar-
(a) acceptance of any application in full,
(b) reject with reasonable cause recorded, or
(c) accept subject to such amendments, modifications, conditions or limitations as it thinks fit.
If, after receiving an application for registration of a trade mark, the Registrar is satisfied that-
(a) the application has been accepted in error, or
(b) the application may be accepted subject to conditions or restrictions in addition to or different from those subject to which the registration of the trade mark would not be valid in view of the relevant circumstances,
In such case the Registrar may, after giving the applicant a reasonable opportunity of hearing, reject the said application as if the application had not been accepted.
Provided, however, that if the application relates to a trademark to which the provisions of section 6(2) apply or for any other reason it appears to the Registrar that for some exceptional circumstances it is expedient to issue a notification before the application is accepted, he may issue a notification in respect of the said application.
(a) the notification is issued before acceptance, or
(b) after the issue of the notification any mistake in it is rectified or rectification is permitted under section 19,
In that case, the Registrar may re-issue the notification regarding the correction or correction of the said application, in the prescribed manner.
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[(5) After considering the statements and evidence of the parties, the Registrar shall—
(a) accept any application in its entirety;
(b) refusal with reasonable cause to be recorded; or
(c) may accept, subject to such amendments, modifications, conditions or limitations as it may think fit.
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To be completed within [330 (three hundred and thirty)] working days.
The Registrar may, subject to such conditions as he thinks fit, before or after accepting the application for registration under section 15, permit the correction of any mistake in the application, or the correction of any mistake in the notice of opposition or counter-statement filed under section 18.
(a) any application for the registration of a trade mark is accepted in the register,
(b) the application is not opposed or the time for giving notice of opposition has lapsed, and
(c) in the case of opposition to the said application, the decision thereon is taken in favor of the applicant,
Then the Registrar shall register the said trademark in the register with effect from the date of application and subject to the provisions of section 120, the said date shall be deemed to be the date of registration.
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[Director-General] Registration of said trademark shall be renewed, generally or subject to conditions or limitations, for a period of 10 (ten) years from the date of expiry, if reinstated.
Notwithstanding the deregistration of a trademark for failure to pay the renewal fee, within 1 (one) year from the date of deregistration, in consideration of an application for the registration of another trademark, the deregistered trademark shall be deemed to be a registered trademark, unless the Tribunal is satisfied that—
(a) there has been no fair commercial use of the said trademark within the 2 (two) years immediately preceding the deduction; And
(b) There is no likelihood of deception or confusion arising from the use of the trademark concerned with the application for registration because of the prior use of the trademark concerned.
(a) is identical with the trademark and the goods or services in which it is used are similar to the goods or services of the registered trademark,
(b) is similar to the trademark and the goods or services in which it is used are identical with the goods or services of the registered trademark, or
(c) is identical with the registered trademark and the goods or services in which it is used are identical with the goods or services of the registered trademark, and
This is likely to confuse the public or create a false impression that similar marks are related to the registered trademark.
(a) is identical or similar to any registered trademark;
(b) is used in relation to any other goods or services and is similar to the goods or services for which the mark is registered; And
(c) is well-known in Bangladesh as a registered trademark and for the purpose of taking illegal advantage, without just cause, the distinctiveness or reputation of the registered trademark is damaged by its use.
(a) affixing the mark to the product or to its packaging;
(b) display any goods using the mark, supply to the market for sale, provide or offer to provide services under the mark or keep in stock;
(c) importing or exporting goods bearing the mark;
(d) Use of any Mark in commercial transactional documents or advertisements.
(a) uses any mark in connection with any goods or services which is identical or similar to the goods or services of any registered well-known mark; or
(b) uses any mark in relation to goods or services which, although not identical or similar to any registered well-known mark, by the use of such mark in relation to goods or services, gives an indication of association with the owner of the registered well-known mark of the concerned goods or services and as a result of which the interest of the owner of the said registered well-known mark appears to be impaired.
Explanation- For the purposes of this section, 'well-known mark' means a well-known mark as described in section 10.
(a) the public is not likely to be misled or deceived by the use of the mark, or
(b) does not imply that the proprietor or user of the registered mark has any business relationship with any goods or services of such mark,
In that case, the court will not grant any injunction or any other type of remedy in favor of the plaintiff in the said case.
(a) if a trademark is registered subject to conditions or restrictions, to sell or otherwise carry on business or export the goods or services concerned in any place or manner or to use such trademark under any circumstances to which such conditions or restrictions of registration do not apply;
(b) the use of such trademark by any person engaged in the business of related goods or services with the owner or registered user of the trademark, with permission for use in any product or part of the product or part of the service or service and within the scope of use authorized by the registered owner or user, unless the registered owner or user subsequently removes or deletes the trademark or at any time, directly or indirectly, disapproves of such use of the trademark; is done;
(c) the registration of a trademark under this Act results in—
(b) the use by any person, in respect of any goods or services, of such trade-mark, which is a part of or accessory to any other goods or services, without infringing the acquired rights;
(a) the right has been established, in the case of two or more identical or similar or nearly similar registered trademarks, the use of any one.
Subject to the provisions of section 32 and section 42, in all legal proceedings relating to a trademark registered under the Register including an application filed under section 51, the trademark shall be deemed to be valid after the expiry of 7 (seven) years from the date of original registration of the trademark, unless it is proved that the said registration—
(a) has been obtained fraudulently or maliciously;
(b) is made in contravention of the provisions of section 8 or is inconsistent with the provisions of that section; or
(c) the trademark was not distinctive of the goods or services of the registered proprietor from the date of commencement of the legal proceedings.
Nothing in this Act shall entitle the proprietor or registered user of a registered trademark or well-known mark to interfere with or prevent the continued use of such trademark or identical or nearly identical trademark by any other person or any predecessor in title thereof, if such use dates from a date which is prior to the registration or use of the first registered trademark or well-known mark, and in such case, the Registrar Do not refuse the registration of the latter trademark merely because the former trademark has already been registered.
Nothing in this Act shall entitle a trademark or well-known registered proprietor or registered user to interfere with the bona fide use of his own name or place of business or the name of his predecessor or the name of a place of business by any other person, or with the bona fide use of the name of a product or service by any other person.
Provided thatthe provisions of sub-section (2) shall apply in the following cases, if it is proved that,-
(a) the name or words of any person or class of persons engaged in the trade in similar goods or materials or services, together with the description of the goods or materials or services, which are well known and well established and whose use has been established, are not used in the goods or services of the proprietor of the trademark or of the registered user of the trademark or, in the case of a certification trademark, in the certified goods or services of the proprietor thereof; or
(b) similar goods or materials have been manufactured or services provided under a patent and two or more years have elapsed since the expiration of the patent and similar words or terms have been established as identifiers of such goods or materials or services.
(a) for the purpose of proceeding under section 51—
(b) if the trade mark consists only of a similar word or words, together with the goods or materials or services concerned, or with the description of any goods or services, the entry relating to the said registration shall be deemed to have been erroneously recorded;
(a) If the trademark consists of similar words or words, including other matters, in deciding the question of the continued registration of the goods or materials or services concerned, or of any goods or services, the Tribunal may direct that, in respect of similar goods or materials or services or goods or services of a similar description, no exclusive right to the use of the word or words in question shall be filed;
provided, however, that, notwithstanding such non-claim, no other right arising from the registration of the trademark shall be prejudiced, except in part by the non-claim;
(b) for the purposes of any other legal proceedings relating to trade-marks—
(b) all rights of the proprietor of the trademark under this Act or any other law in respect of the goods or materials or services in question or goods or services of the same description, if the trademark consists solely of such word or words; or
(a) all rights of the proprietor to the exclusive use of such word or words in relation to the disputed goods or material services or goods or services of the same description, if the trademark contains any other matter including such word or words;
Termination shall be deemed to have taken place on the date on which it is well known or established as per clause (a) of sub-section (1) or on the date on which the 2 (two) years mentioned in clause (b) of sub-section (1) have elapsed.
Subject to the provisions of this Act and the rights vested in any other person deemed to be out of registration, the proprietor of a trademark shall be entitled to issue a receipt for the ownership of his trademark and the consideration received in exchange for the same.
Notwithstanding anything contained in any other law, subject to the provisions of this chapter, any registered trademark, with or without trade reputation, and the goods or services in respect of which it is registered may be assigned and transferred.
(a) used in the same trade as the registered trademark at the time of appropriation and transfer;
(b) the registered trademark is assigned and transferred at the same time and to the same person as the unregistered trademark; And
(c) The unregistered trademark relates to goods or services in respect of which the registered trademark has already been appropriated and transferred.
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[Act] or under any other law, exclusive rights arise in respect of the same goods or services in respect of more than one person and the trademarks are identical or similar to each other in such a way that the public is likely to be confused or deceived;
Provided, however, that such appropriation and transfer shall not be deemed invalid if, as a result of the limitation of absolute rights, the persons entitled to the goods or services cannot exercise their rights for sale within Bangladesh or for export of the goods or services to the same market outside Bangladesh.
Provided, however, that if the proprietor does not file an application for registration of his title under section 40 within 6 (six) months of the issuance of the certificate, the said certificate shall not be considered final.
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[Act] or under any other law, exclusive rights are created in respect of the same goods or services in respect of more than one person and the trademarks are identical or similar to each other and as a result of the imposition of restrictions, the said trademark is used in different regions of Bangladesh, in that case the ownership and transfer of the trademark shall not be granted.
(a) If the proprietor does not apply for the issuance of advertisement of the said proprietorship within 6 (six) months from the date of the proprietorship or within an additional period of not more than 3 (three) months with the approval of the Registrar; And
(b) If the advertisement is not issued by the Registrar, within the prescribed manner and time, the said assignment of ownership shall not be effective.
(a) in respect of goods or services in respect of which the trade-mark has been registered, ownership of the trade-mark has been acquired only in respect of such goods or services, which is transferred with the associated trade reputation; or
(b) Appropriation of trademarks used in goods or services which are exported from Bangladesh and the associated trade name is also transferred.
(a) if approval in this regard is received from the Government; And
(b) On application in writing through the Registrar in the prescribed manner.
Provided, however, that if a dispute arises between the parties as to the validity of the assignment or transfer, the Registrar may refuse to register the said assignment or transfer until the dispute between the parties is settled by a competent court.
Companies Act, 1994
(Act No. 18 of 1994) is in the process of being formed and registered, then the application for registration of the trademark shall not be rejected or the approval of registration shall be refused solely on the ground that the applicant has not used or proposed to use the said goods or services.
(a) despite the bona fide intention of the applicant for the registration of the trademark of goods or services or the company formed under section 41, the trademark of the goods or services concerned has been registered and the trademark of the goods or services has not been used for bona fide purposes by the applicant or the said company for a period of 1 (one) month preceding the filing of the application; or
(b) The trade mark of the said goods or services has not been used for bona fide purposes by the applicant or the company for a period of 5 (five) years or more after the trade mark was registered.
(a) permission is granted to the applicant under section 10 to register the trademark for identical or nearly similar goods or services, or
(b) it appears to the Tribunal that the said goods or services trademark has, within the specified date or period, been used by the applicant or the company for bona fide purposes.
(a) the trademark of goods or services has been registered for the purpose of sale or otherwise for the purpose of trading in any specified place in Bangladesh or for export to any specified market outside Bangladesh, but the said trademark of goods or services has not been used for bona fide purposes by the applicant or company for a period of 5 (five) years or more after registration; or
(b) under section 10 permission has been granted to more than one person to register the trade mark of identical or nearly similar goods or services, and the same is used for the purpose of sale or otherwise for export.
(a) caused by special circumstances, and
(b) Not caused by intention to abandon the trade or non-use of the trademark.
(a) other than protective trademarks, goods or services which do not currently satisfy the conditions of sub-section (1) applicable to the registration of the trademark of the proprietor; or
(b) the use of the trademark in respect of the goods or services for which the protective trade mark was registered is not likely to infringe the terms of sub-section (1).
Provided thatthe Government may make rules not to accept any application for registration unless the agreement entered into between the parties contains a condition to comply with the anti-trading regulations.
(a) agreement signed by the registered proprietor and the proposed registered user regarding the authorized use of the trademark or an authorized copy thereof;
(b) an affidavit of the registered proprietor or a person authorized to act on his behalf, containing the following particulars—
(b) information regarding the existing or proposed relationship between the proprietor of the trademark and the proposed registered user and a description of the extent to which the proprietor will exercise control over the permitted use;
(a) details of whether the proposed registered user can apply as a single registered user or whether there are any other restrictions;
(e) details of the goods or services covered by the proposed registration;
(e) details of conditions and restrictions regarding the manner or place of permitted use with respect to the features or qualities of the product or service offered;
(g) details of the permitted use, whether for a fixed period or for an indefinite period, and if for a fixed period, the period thereof; And
(c) such other documents, information or evidence as may be prescribed or directed by the Registrar.
(a) the conditions of sub-section (1) are fulfilled; And
(b) the use of the proposed Registered, Product or Service Trademark by the User is not contrary to the public interest;
(a) may, upon written application by the proprietor of the trademark, in the prescribed manner, vary the conditions or restrictions applicable to the registration of any person as a registered user in respect of such goods or services;
(b) may, upon written application by the registered proprietor or registered user of the trademark, in the prescribed manner, cancel the registration of the registered user concerned;
(c) may cancel the registration of the registered user concerned, on written application, in the prescribed manner, by any person for any of the following reasons-
(b) the registered user of the trademark, other than authorized use, uses it in a manner which causes or is likely to cause deception or confusion;
(a) the proprietor or registered user of the trade-mark misrepresents or fails to disclose in the application for registration any material fact which, if correctly stated or disclosed, would appear to have been sufficient cause for the rejection of the application by the Registrar;
(e) it appears that the registration should not be enforced having regard to the rights conferred by the contract which the applicant is interested in performing;
(e) the circumstances in which the application for registration was made have changed such that, on the date of filing the application for cancellation, it was reasonable to refuse the application for registration of the registered user;
(d) in respect of the goods or services in respect of which the trademark was registered, if the said registration is not in force, may cancel the same;
(e) On his own initiative or by any person, on the basis of a written application, in the prescribed manner, the registration of the said form may be canceled on the ground that the terms of the agreement between the registered proprietor and the registered user regarding the characteristics of the goods or services in which the trademark is to be used, are not being enforced or observed.
Nothing in this Act shall confer upon the registered user the right to assign or transfer the ownership of the use of the trademark.
Explanation-
The right to use the trademark shall be deemed not to have been assigned by the registered user under this section in the following cases, namely:-
(a) if the registered user enters into a partnership with any other person for the purpose of carrying on the business concerned, the registered user may use the trademark so long as the registered user remains a member of the said firm;
(b) If the registered user is a firm and its constitution is subsequently changed, the reconstituted firm may use the trademark, provided that the trademark is otherwise in force and any registered user of the first firm is a partner of the reconstituted firm.
(c) For the purposes of this section, "firm" means
Partnership Act, 1932
(Act IX of 1932) Any firm mentioned in