§ 1সংক্ষিপ্ত শিরোনাম ও প্রবর্তন
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LanguageEnglish
The Trade Marks Act, 2009 governs the registration, protection, and enforcement of trade marks in Bangladesh. It applies to all marks used in connection with goods and services that are capable of distinguishing the goods or services of one undertaking from those of others. The Act establishes the Trade Marks Registry in Dhaka and provides for the appointment of the Registrar of Trade Marks and appellate tribunals. Key mechanisms include the procedure for filing and examining applications, publication for opposition allowing third parties to object within two months, registration and renewal of marks, grounds for refusal including lack of distinctiveness or conflict with earlier marks, the rights conferred by registration including exclusive use, and the assignment and licensing of trade marks. The Act also provides for the protection of well-known marks, collective marks, certification marks, and geographical indications. Notable provisions include criminal penalties for counterfeiting and border enforcement measures. The Act is currently in force.
Full text · showing key sections
§ 2Definition
Unless contrary to the subject or context, in this Act—
(1)"priority date" means the date of the earlier application accepted in the Paris Convention as the basis of priority of ownership of a trademark for goods or services;
(2)"authorized use", in relation to a registered trademark, means the use of a trademark by a registered user subject to the conditions and restrictions under which the relevant trademark was registered;
(3)"International Classification" means the classification adopted by the World Intellectual Property Organization or the international classification in accordance with the NICE Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks;
(4)"District Court" means the Court of the District Judge and shall also include the Court of the Additional District Judge or the Court of the Joint District Judge;
(5)"false trade description" means—
(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) 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;
(6)"tribunal" means the Registrar or, as the case may be, the Court before which any proceedings are pending;
(7)"trade description" means any description, statement or other, direct or indirect, indication relating to any of the following matters, namely :-
(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) 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;
(8)"trademark" means—
(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;
(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;
(9)"Code of Civil Procedure" has the meaning
Code of Civil Procedure, 1908
(Act V of 1908);
Code of Civil Procedure, 1908
(Act V of 1908);
(10)"name" shall include any abbreviation or initials of the name;
(11)"Registrar" has the meaning specified in section 3 of this Act
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[Director General];
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[Director General];
(12)"prescribed" means, in relation to the proceedings of the Supreme Court, prescribed by rules made by the Supreme Court and, in other cases, prescribed by rules made by the Government;
(13)"de-registered" means de-registered trademark referred to in section 4;
(14)"registered" means registered under this Act;
(15)"registered trade mark" means any trade mark included in the register;
(16)"registered user" means a user registered under section 44;
(17)"registered proprietor" means any person whose name is entered in the register as the proprietor of the trade-mark;
(18)"goods" means any article connected with trade or manufacture and shall include agricultural produce and vines;
(19)"Paris Convention" means the Paris Convention for the Protection of the Industrial Property of Marks, dated 20th March, 1883, as last amended;
(20)"deceptively similar mark" means a mark which is likely to deceive or confuse and which is similar to any other mark registered under this Act;
(21)"regulations" means regulations relating to the use of certification marks registered and approved by the Government;
(22)"rules" means rules made under this Act;
(23)"mark" means any device, brand, heading, label, ticket, name, signature, word, letter, symbol, number, numbered element, combination of colors or any combination thereof;
(24)"wrapper" includes any cage, box, container, packet, container, folding cover, casket or box, bottle, cover, label, brand, ticket, reel frame, metal cap, lid, cap, cork;
(25)"collective mark" means any visible mark called by a similar name in the application for registration which—
(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) 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;
(26)"Government" means, in the case of certification trademarks, the Secretary of the Administrative Ministry or Department of the Trademarks Registry and in other cases, the Administrative Ministry or Department;
(27)"associate trade mark" means any trade mark which is eligible to be registered or liable to be registered as an associated trade mark under this Act;
(28)"certification trademark" means a mark adopted in respect of any goods or services which distinguishes the goods certified by any person in the trade as to their origin, ingredients, method of manufacture, quality, purity or any other characteristic from goods which are not similarly certified and is registrable under Chapter VIII in respect of such goods in the name of such person as the proprietor of the certification trademark;
(29)"restriction" means the limitation of the exclusive right of a person as the proprietor of a trademark to use that trademark by registration and such limitation shall include the manner of use of the mark, in the marketing of goods or provision of services within Bangladesh or outside Bangladesh;
(30)"service" means a service rendered in exchange for currency or currency value in exchange for financial or similar consideration, but does not include any goods; And
(31)"transmission" means a transfer under this Act, a transfer to a representative of a deceased person and any mode of transfer other than assignment.
§ 3[মহাপরিচালক], Tradeমার্কস রেজিস্ট্রি, ইত্যাদি
(1)In order to carry out the objectives of this Act-
(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)
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
2
[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.
(2)The Government may, by notification in the Official Gazette, establish one or more branch offices of the Registry of Trademarks to facilitate the registration of trademarks.
(3)The Trademarks Registry or its branch office shall conduct all functions relating to trademarks including registration of trademarks.
(4)The Government may, by notification in the Official Gazette, appoint such number of sub-registrars to the Registry of Trade Marks as may be necessary.
(5)The Sub-Registrar shall perform all functions relating to registration under this Act under the supervision of the Registrar.
(6)The Registrar may, with the prior approval of the Government, by general or special order, delegate any of his powers or duties to any officer subordinate to him, including the Sub-Registrar, under specified conditions.
§ 4Tradeমার্ক Registration বহি
(1)In order to fulfill the purpose of this Act, a book or record called Trademark Registration Book shall be kept in the Trademarks Registry and therein shall be recorded the name, address, details of the proprietor, notices regarding ownership and transfer of the registered trademark, registered user and the name, address, description and conditions, limitations and other matters related to the registered trademark in the prescribed manner.
(2)Subject to the supervision and direction of the Government, the Registrar shall control and preserve the register.
(3)Each branch of the Trade Marks Registry shall keep a copy of the register outside the register and of the documents mentioned in section 116, as the Government may, by notification in the Official Gazette, direct.
(4)No notice of any direct, indirect or constructive trust shall be included in the register and no such notice shall be accepted by the Registrar.
§ 5নির্দিষ্ট শ্রেণীভুক্ত Product বা Serviceর Registration
(1)In respect of certain classes of goods or services, the trade mark shall be registered on fulfillment of the conditions prescribed for the class or classes concerned.
(2)If any question arises as to any class of goods or services, the Registrar shall decide the same and his decision in the matter shall be final.
§ 6Registration বহিতে Registrationভুক্তির পূর্বCondition
(1)No trade mark shall be registered unless it necessarily contains at least one of the following particulars—
(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.
(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.
(2)Except for clause (e) of sub-section (1), any name, signature or word not included in clauses (a), (b), (c) and (d) shall not be registered in the register if it is not evidence of its distinctive mark.
(3)For the purposes of this Act, ``distinctive mark'' of a trade mark relating to any goods or services means a trade mark distinguishing the goods or, as the case may be, services of the proprietor from similar goods or services in similar trade, which are not generally, or where the trade mark concerned is prepared for registration, restricted, a trade mark.
§ 7রং ব্যবহারের ক্ষেত্রে সীমাবদ্ধতা
(1)A trade mark shall be restricted, in whole or in part, to one or more specified colors and in deciding the distinctive features of the trade mark, the Tribunal shall have regard to such restriction.
(2)If a trademark is not registered in any particular colour, it shall be deemed to be registered in respect of all colours.
§ 8Registrationের বিষয়ে কতিপয় নিষেধাজ্ঞা
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.
§ 9রাসায়নিক উপাদানের নাম ব্যবহারের নিষেধাজ্ঞা
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.
§ 10সাদৃশ্যপূর্ণ বা প্রতারণামূলকভাবে সাদৃশ্যপূর্ণ Tradeমার্ক Registrationে বাধা-নিষেধ
(1)Subject to the provisions of sub-section (2), if any goods or services or description of goods or services are registered in the name of any other proprietor, no mark similar or deceptively similar to such goods or services or description of goods or services shall be registered.
(2)In consideration of the necessity of registration of a trademark in the name of more than one proprietor, the Registrar may, subject to appropriate conditions and limitations, permit the registration of any trademark in the name of more than one proprietor, even if the same goods or services or goods or services of the same description are almost similar, due to simultaneous use for bona fide purposes or for any other special reason.
(3)If different persons make separate applications to be registered as proprietors of identical or nearly similar trademarks relating to the same goods or services or goods or services of the same description, the Registrar may dispose of the later application in the light of the evidence and objections given about the earlier application by postponing the acceptance of the later application until the earlier application is disposed of.
(4)No trademark shall be registered for any goods or services, which is similar or confusingly similar to any trademark well known in Bangladesh in respect of similar goods or services of any other business establishment or consists of a translation of any mark or trade description.
(5)1
[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.
[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.
(6)In determining whether any mark described in sub-sections (4) and (5) is well-known, the results obtained through advertising of the mark in Bangladesh shall be related to the said mark.
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The common understanding or knowledge [of the consumer and the seller in common] shall be taken into account.
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The common understanding or knowledge [of the consumer and the seller in common] shall be taken into account.
(7)Nothing in this section shall prevent the registration of a trade mark, if the registration has the consent of the proprietor of any earlier trade mark or any other person having prior rights.
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.
(8)If the registrar is satisfied that a trademark has been used for bona fide purposes up to 2 (two) years prior to the expiry of the period of registration, then despite the expiry of the period of registration of the said trademark, the said registration shall be deemed to have remained valid for the next 1 (one) year from the time of expiry of the said mark in determining the eligibility of registration.
§ 11জীবিত বা মৃত ব্যক্তির নাম ব্যবহার
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.
§ 12Tradeমার্কের অংশ এবং পরম্পরাক্রমে বিন্যস্ত (series) আকারে কোন Tradeমার্ক Registration
(1)Where the proprietor of a trademark claims to use any part of the registered trademark separately, he may apply to the Registrar for registration of that part of the trademark as a separate trademark.
(2)Every individual trademark referred to in sub-section (1) shall satisfy all applicable conditions and shall have all the characteristics of an individual trademark.
(3)Where a person claims to be the proprietor of several trade marks relating to the same goods or services or goods or services of the same description and which are materially similar to each other, but differ in the following respects, the said trade marks shall be registered singly in successively arranged form -
(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.
(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.
§ 13সহযোগী Tradeমার্ক Accountে Registration
(1)Where any registered or applied for registration of goods or services trademark is similar to any other registered or applied for registration of goods or services trademark of the same proprietor or is the same goods or services or, as the case may be, nearly similar goods or services, if the use of such trademark by any person other than the proprietor is likely to cause deception or confusion, the Registrar may at any time register the said trademark as an associate trademark. You can order to be recorded.
(2)Where a trademark or any part thereof is registered in the name of the same proprietor as a separate trademark, it shall be registered as an associate trademark.
(3)Where a trademark under section 12(3) is registered separately in mutually arranged form, it shall be deemed to be a subsidiary trademark and shall be registered as a subsidiary trademark.
(4)On application in the prescribed manner by the registered proprietor of two or more trademarks registered as associate trademarks, if the Registrar is satisfied that the goods or, as the case may be, the services in respect of which the said trademark is registered and its use by any other person is not likely to deceive or confuse, he may dissolve any associate trademark from among the associate trademarks and issue the registration accordingly. Can be corrected.
§ 14দাবি পরিত্যাগ সাপেক্ষে Tradeমার্ক Registration
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.
§ 15Registrationের আবেদন
(1)Any person being the proprietor of a trademark so used or proposed to be used and desiring to register the same, shall, in the prescribed manner, apply in writing to the Registrar for the registration of the said trademark.
(2)Separate applications shall be made for each prescribed category of goods or services and applications received in such manner shall be considered in the order of receipt.
(3)Every application under sub-section (1) shall be filed in the Trademarks Registry in the area where the head office of the applicant's business establishment is located in Bangladesh or, in the case of a joint applicant, in the Trademarks Registry in the area where the head office of the business establishment of the first applicant mentioned in the application form is located.
(4)If any applicant or joint applicant does not conduct any business in Bangladesh, then the application shall be filed in the Trademarks Registry or in the registry under the jurisdiction of the Branch Registry where the contact address of the first applicant mentioned in the application form is in Bangladesh.
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.
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.
§ 16গৃহীত আবেদন প্রত্যাখান
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.
§ 17আবেদন গ্রহণের Notification (Advertisement) জারী
(1)If any application, whether unconditionally or subject to conditions or limitations, is accepted, the Registrar shall, immediately after receiving the application, issue a notification, specifying the conditions or limitations thereof, in the prescribed manner:
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.
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.
(2)If any application under sub-section (1)—
(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.
(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.
§ 18Registrationের বিরোধিতা
(1)Within 2 (two) months from the date of issue of notification of any application for registration, any person may submit a written notice to the registrar, in the prescribed manner, opposing such notified application, on payment of the prescribed fee.
(2)The Registrar shall, within 1 (one) month of receipt of the notice under sub-section (1), issue a copy thereof to the applicant, in the prescribed manner, and within 2 (two) months of receipt of such notice, the applicant shall, in the prescribed manner, send a counter-statement to the Registrar stating the grounds of his application, otherwise the applicant shall be deemed to have abandoned his application.
(3)If the applicant files a counter statement, the Registrar shall, within 1 (one) month of receipt thereof, issue a copy thereof to the issuer of the notice of opposition, in the prescribed manner.
(4)The opposing party and the applicant shall file all the evidence relied upon before the registrar in the prescribed time and manner and the registrar shall give them an opportunity of hearing on the application of both the parties.
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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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[(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.
(6)If the Registrar under sub-section (5) considers it expedient to grant permission for registration, subject to modifications, variations, conditions or limitations, he shall record such modifications, variations, conditions or limitations and pass a decision thereon.]
(7)If the person giving the notice of opposition or making the counter-statement does not reside or carry on business in Bangladesh after the receipt of the notice, the Registrar may direct such person to furnish security for the costs of the proceedings undertaken and if such security is not furnished in due time, the said notice of opposition or, as the case may be, application shall be deemed to have been abandoned.
(8)Notwithstanding anything contained in this section, all proceedings relating to opposition to registration shall, after giving notice under sub-section (1).
2
To be completed within [330 (three hundred and thirty)] working days.
2
To be completed within [330 (three hundred and thirty)] working days.
§ 19ভুল সংশোধন
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.
§ 20Registration
(1)Subject to the provisions of section 15, if—
(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.
(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.
(2)Where a trade mark is registered, the Registrar shall issue to the applicant a certificate of registration in the prescribed form bearing the seal of the Trade Marks Registry.
(3)If there is no defect in the trademark registration application, or if there is no opposition or objection related to the registration, the registration certificate mentioned in sub-section (2) shall be issued within 150 (one hundred and fifty) working days of the submission of the relevant application, subject to the fulfillment of the conditions of registration by the applicant.
(4)If within 1 (one) year from the date of submission of the application for trademark registration, the certificate of registration cannot be issued due to any defect of the applicant, the Registrar shall give a notice to the applicant in the prescribed manner and if the applicant does not rectify such defect within the period specified in the notice, the application shall be deemed to have been rejected.
(5)If there is any clerical error or obvious mistake in the registration or in the certificate, the registrar may correct the same.
§ 21যৌথ স্বত্বাধীন Tradeমার্ক
(1)Nothing in this Act shall confer on two or more persons individually using or proposing to use a trade mark the authority to register such trade mark as joint proprietors.
(2)Notwithstanding anything contained in sub-section (1), where two or more interested persons are associated in carrying on the business of goods or, as the case may be, services to which a trade-mark relates, they may be registered as joint proprietors of the trade-mark, and their rights in respect of the use of the trade-mark shall have effect as if the right had vested in a single person.
§ 22Registrationের মেয়াদ, নবায়ন ও পুনর্বহাল
(1)The period of registration of a trademark shall be 7 (seven) years, but the said period shall be renewable in accordance with the provisions of this section.
(2)If the registered proprietor of a registered trademark submits an application within the prescribed manner and period, the Registrar may renew the period of registration of the said trademark or, as the case may be, for a period of 10 (ten) years from the date of expiry of the last renewal period.
(3)Before the expiration of the period of registration, within the prescribed period, the Registrar shall send a notice to the registered proprietor of the trademark specifying the date of expiry, the conditions of payment of fees and the conditions of obtaining the renewal of registration, and for this purpose, if the conditions are not properly fulfilled within the prescribed period, the Registrar may deduct (remove) the said trademark from the register.
(4)Where the registration of a trademark is deregistered due to non-payment of the prescribed fee, the registrar, within 1 (one) year from the expiry of the period of registration of the trademark, if satisfied in the prescribed form that the reinstatement is justified, he may reinstate the said trademark in the register and any such
1
[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.
1
[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.
§ 23নবায়ন ফি পরিশোধে ব্যর্থতার কারণে Registration বহি হইতে কর্তনের ফলাফল
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.
§ 24অনিবন্ধিত Tradeমার্ক লঙ্ঘনের জন্য কোন ব্যবস্থা (action) গ্রহণ করা যাইবে না
(1)No person shall be entitled to institute any legal proceedings for the purpose of obtaining remedy or compensation for infringement of an unregistered trademark.
(2)Nothing in this Act shall impair the right of any other person to obtain a remedy against any other person for passing off his goods or services.
§ 25Registrationের ফলে অর্জিত Right
(1)Where a person is registered as the proprietor of a trade mark for any goods or services, he shall, subject to the other provisions of this Act, be entitled to remedy in the manner described in this Act in respect of the unrestricted use of the trade mark for such goods or services and infringement thereof.
(2)No person other than the registered proprietor of a trademark relating to a product or, as the case may be, a service shall, without obtaining the permission of the registered proprietor, use the said trademark.
(3)The absolute right to use a trademark granted under sub-section (1) shall be subject to such conditions or restrictions as may be recorded in the registration.
(4)Where two or more persons are registered proprietors of an identical or nearly similar trade mark, the mere registration of the trade mark shall not be deemed to acquire an absolute right of one over the other in the use of that trade mark, unless their respective rights, subject to any conditions or limitations, are included in the registration, and the proprietors of such registered trade marks are each registered as authorized users as a single registered proprietor. shall not enjoy such absolute rights over any such person.
§ 26Tradeমার্ক লঙ্ঘন
(1)A person shall be deemed to have infringed a registered trademark if he uses any distinctive or deceptively similar trademark in his business in relation to any goods or services, despite not being the registered proprietor or registered user.
(2)A registered trade mark shall be infringed, if such person, despite not being the registered proprietor or registered user, uses any such mark in the course of his business, which—
(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 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.
(3)A registered trade mark shall be deemed to have been infringed by any person, if such person, being neither the proprietor nor the registered user of the registered trade mark, uses in his trade any mark which—
(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) 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.
(4)For the purposes of this section, "use of a registered trade mark" by a person means—
(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) 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.
(5)If any person uses any registered mark on his goods or services, packaging, commercial documents or advertisement of goods or services without being authorized by the registered proprietor or user or person entitled to use or knowing or having reason to believe that such use is illegal, then he shall be deemed to have infringed the registered trademark.
(6)Nothing in this section shall be construed to prevent the use of any registered trademark for the purpose of identifying the registered proprietor or user or person entitled to use or their goods or services, except where such use is dishonestly taking advantage of any registered trademark in industrial or commercial matters, or impairs the distinctiveness or reputation of any registered trademark, as an infringement of the registered trademark. will be considered
(7)A person, notwithstanding that he is not the registered proprietor or registered user of a well-known mark, shall be deemed to have infringed such well-known mark by the following use, if he-
(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.
(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.
(8)If the defendant in a suit filed for infringement of a registered trademark can satisfy the court that,-
(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) 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.
§ 27Tradeমার্ক লঙ্ঘিত হয় না এইরূপ কর্মকাণ্ড
(1)Notwithstanding anything contained in this Act, the right to use a registered trade mark shall not be infringed by the following acts—
(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.
(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.
(2)In the case where a person is legally entitled to use a registered trademark in respect of a product or service and subsequently transfers the registered owner of the trademark to another person, the said product or service shall not be infringed if the said product or service is sold by the person having the right or the claimant through him.
§ 28Registration Validতার প্রাথমিক Proof
(1)The original registration of a trademark, including an application filed under section 51, shall be deemed prima facie evidence of its validity in all legal proceedings relating to a trademark registered under this Act and in subsequent appropriations and transfers.
(2)A registered trade mark shall not be declared invalid in any legal proceeding referred to in sub-section (1) if it is proved that the registered proprietor or a predecessor of a similar proprietor has used the mark in such a way that the mark acquired distinctive character at the date of registration, and no similar proof shall be declared invalid merely on the ground that it was not registrable except on proof of distinctiveness under section 6. Not filed with the Registrar.
§ 29নির্দিষ্ট সময়ের পর Registration Valid Accountে চূড়ান্ত হওয়া
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.
§ 30অর্পিত Rightের হেফাজত
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.
§ 31Product বা Serviceর নাম, ঠিকানা বা বর্ণনা ব্যবহারের হেফাজত
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.
§ 32Productদ্রব্য (article), উপাদান (substance) বা Serviceর নাম বা বর্ণনা ব্যবহারের হেফাজত
(1)After the date of registration of a trademark, the registration of such trademark shall not be deemed to be invalid by reason of the use of the name or description of the goods, materials or services associated with it or of any words or phrases consisting thereof:
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.
(2)If, in respect of any word or words, the matters described in clause (a) and clause (b) of sub-section (1) are proved, then—
(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.
(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.
§ 33নিবন্ধিত স্বত্বাধিকারী কর্তৃক স্বত্বনিয়োগের Power
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.
§ 34নিবন্ধিত Tradeমার্কের স্বত্বনিয়োগ ও হস্তান্তর
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.
§ 35অনিবন্ধিত Tradeমার্কের স্বত্বনিয়োগ ও হস্তান্তর
(1)Except for the goodwill of the business concerned, no unregistered trademark shall be appropriated or transferred.
(2)Notwithstanding anything contained in sub-section (1), the appropriation and transfer of an unregistered trade mark, other than the trade reputation concerned, shall be permitted, if—
(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.
(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.
§ 36স্বত্বনিয়োগ ও হস্তান্তরের মাধ্যমে একাধিক ব্যক্তির ক্ষেত্রে নিরঙ্কুশ Right সৃষ্টিতে Rules-নিষেধ
(1)Notwithstanding anything contained in sections 34 and 35, in cases where the appropriation and transfer
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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.
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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.
(2)If the proprietor of a registered trademark proposes to appropriate, he shall submit to the Registrar, in the prescribed manner, a written statement about the matter and the Registrar shall issue a certificate to the proprietor after deciding whether the appropriation under sub-section (1) is valid or invalid, having regard to the similarity of the goods or services concerned and the trademark.
(3)If it appears to the effect that the certificate issued under sub-section (2) was not obtained by fraud or misrepresentation, it shall, subject to appeal, be deemed conclusive:
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.
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.
§ 37স্বত্বনিয়োগ ও হস্তান্তরের মাধ্যমে বাংলাদেশের বিভিন্ন অঞ্চলে নিরঙ্কুশ Right সৃষ্টির ক্ষেত্রে Rules-নিষেধ
(1)Notwithstanding anything contained in section 34 and section 35, in the event that the appropriation and transfer
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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.
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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.
(2)The proprietor of a trade-mark, who proposes to assign or a person who claims to have been assigned to him or to his predecessor since the coming into force of this Act, on application by such proprietor or person to the Registrar, if it appears that the assignment and transfer under sub-section (1) is contrary to the public interest. No, then the Registrar cannot declare the appropriation and transfer of the trademark to be invalid under this section or section 36.
(3)Where an application is made to the Registrar for registration under the provisions of section 40 after the registrar has not declared the appropriation and transfer illegal under sub-section (2) and it is proved that the same was not obtained by fraud or misrepresentation, the said appropriation and transfer shall not be deemed to be illegal under this section or section 36.
§ 38Businessয়ের সুনাম ব্যতীত স্বত্ব নিয়োগের Conditionাবলী
(1)Where any trademark, registered or unregistered, is appropriated without regard to the reputation of the business concerned—
(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) 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.
(2)For the purposes of this section, no trademark shall be deemed to have been appropriated except in respect of the trade reputation concerned, namely:-
(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) 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.
§ 39সার্টিফিকেশন Tradeমার্ক এবং সহযোগী Tradeমার্কের স্বত্বনিয়োগ Conditionাবলী
(1)Subject to the following conditions, any certification trademark shall be 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.
(a) if approval in this regard is received from the Government; And
(b) On application in writing through the Registrar in the prescribed manner.
(2)An associate trade mark shall be assigned only in whole and not in part, but subject to the provisions of this Act, such associate trade mark shall, for any other purpose, be deemed to have been separately registered.
§ 40স্বত্বনিয়োগ ও হস্তান্তর Registration
(1)Where a person becomes the proprietor of a registered trademark by assignment or transfer, he shall apply to the Registrar for registration of his ownership, in the prescribed manner, and after the Registrar receives satisfactory proof of the applicant's ownership, register his name as the proprietor and particulars relating to the said assignment or transfer in respect of the goods or services in respect of which the said assignment or transfer has been effected. Write down:
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.
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.
(2)Except in the case of an appeal against an order made in pursuance of an application or similar application to the Registrar under sub-section (1) or an appeal on an application or similar application under section 51, if any document or certificate under sub-section (1) is not recorded in the register, such document or certificate shall not be accepted by the Registrar or by any court as evidence of ownership by assignment or transfer, unless the Registrar Or, as the case may be, the court directs otherwise.
§ 41গঠনাধীন কোম্পানী কর্তৃক প্রস্তাবিত Tradeমার্ক ব্যবহার
(1)If the Registrar is satisfied that the applicant for the registration of a trade mark for any goods or services intends to assign the trade mark in such goods or services to any company which
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.
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.
(2)Where the provisions of sub-section (1) apply, the Tribunal may order the applicant to pay security for the necessary costs of opposition or appeal and if the applicant fails to provide such security, the application shall be deemed to have been rejected.
(3)If the trademark of a product or service is assigned to a company under sub-section (1), then an application must be made to the registrar within the prescribed period for registration as the proprietor of the trademark of the said product or service.
(4)If an application is made under sub-section (3), the Registrar may register the said company as the proprietor of the trademark to which the goods or services are assigned and if the application is not made within the said period, the registration shall cease and the Registrar shall amend the registration accordingly.
§ 42Tradeমার্ক ব্যবহার না করিবার কারণে Registration বহি হইতে কর্তন এবং সীমাবদ্ধতা আরোপ
(1)If an aggrieved person applies to the High Court Division or to the Registrar, in the prescribed manner, for any of the following reasons, the registered trademark of the goods or services concerned shall be struck off from the register—
(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) 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.
(2)Except in the cases mentioned below, the Tribunal shall not reject any application filed under sub-section (1), if—
(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) 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.
(3)If an aggrieved person applies to the High Court Division or to the Registrar, in the prescribed manner, for any of the following reasons, the Tribunal may impose restrictions with a view to stopping the use of the registered trade mark for the goods or services concerned—
(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) 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.
(4)For the purposes of clause (b) or sub-section (2) of sub-section (1), non-use of the trademark by the applicant shall not be raised as an argument, which-
(a) caused by special circumstances, and
(b) Not caused by intention to abandon the trade or non-use of the trademark.
(a) caused by special circumstances, and
(b) Not caused by intention to abandon the trade or non-use of the trademark.
§ 43সুপরিচিত Tradeমার্ককে প্রতিরক্ষামূলক Tradeমার্ক Accountে Registration
(1)Where a trademark containing an invented word has become well-known as a result of its use in a product or service and has been registered as a trademark of such product or service, but subsequent use of the trademark in another product or service creates confusion as to the association of the first person with such product or service, if the proprietor of the first product or service does not use or proposes not to use the said trademark, Notwithstanding anything contained in section 42, the said proprietor, subject to application in the prescribed manner, may be registered by the Registrar as the proprietor of the said well-known trademark and shall not be deductable from the registration of the trademark in respect of similar goods or services under the said section.
(2)The registered proprietor of a trade mark may apply for registration of that trade mark as a protective trade mark, notwithstanding that it is otherwise previously registered in his name.
(3)Where a registered protective trademark is otherwise registered in the name of the same proprietor in respect of different goods or services, it shall be deemed to be an associate trademark.
(4)The registration of a protective trade mark may be canceled on an application to the High Court Division or to the Registrar, in the prescribed manner, by any aggrieved person, if—
(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).
(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).
(5)The Registrar may, at any time, cancel any trademark registered in the name of the same proprietor for non-registration of a protective trademark.
(6)Unless otherwise expressly provided in this section, the provisions of this Act shall apply to protective trademarks as they apply to other trademarks.
§ 44নিবন্ধিত ব্যবহারকারী
(1)Subject to the provisions of section 45, any person other than the registered proprietor of a trademark may be registered as a registered user, conditionally or unconditionally, for all goods or services other than the goods or services for which the protective trademark is registered, or any of them:
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.
(2)The use of any trademark authorized under sub-section (1) shall be deemed to be used by its proprietor.
§ 45নিবন্ধিত ব্যবহারকারী Accountে Registrationের জন্য আবেদন, ইত্যাদি
(1)Where it is proposed to grant permission to any person for registration as a registered user of a trademark, the registered proprietor and the proposed registered user shall jointly apply to the Registrar, in the prescribed manner, and with such application the following information and particulars shall be attached, namely-
(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) 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.
(2)Subject to the prescribed conditions, a person may be registered as a registered user, if—
(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) 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;
(3)If it appears to the Registrar that if any application under this section is granted, the amount of traffic in any goods or services through the said trademark will increase, then he may, subject to the other provisions of this Ordinance, reject any application under this section including the said application.
(4)No application under this section shall be rejected or conditionally accepted by the Registrar without giving the applicant an opportunity of being heard.
(5)The Registrar shall, at the request of an applicant, ensure that the information provided with any application under this section, other than the matters recorded in the register, is not disclosed to his business counterparty.
(6)If any person is registered as a registered user, the Registrar shall inform the other registered users of the trade mark, if any, in the prescribed manner.
§ 46Tradeমার্ক লঙ্ঘনের বিরুদ্ধে মামলা দায়ের করিবার ক্ষেত্রে নিবন্ধিত ব্যবহারকারীর Power
(1)Subject to agreement between the parties, any registered user of a trademark may request the proprietor to file a suit for the prevention of infringement of the said trademark, and if the proprietor refuses or neglects to file a suit within 3 (three) months of the said request, the registered user may file a similar suit against the proprietor in his own name as if he himself were the owner thereof. .
(2)If the proprietor so included as a defendant participates in the proceedings of the suit, he shall not be liable for any costs arising out of the said suit.
§ 47নিবন্ধিত ব্যবহারকারীর Registration পরিবর্তন বা Voidকরণে নিবন্ধকের Power
(1)Without prejudice to the provisions of section 51, the Registrar shall,—
(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.
(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.
(2)The Registrar shall not decide every application made under this section without giving notice in the prescribed manner to the registered proprietor of the trade mark and to every registered user.
§ 48নিবন্ধিত ব্যবহারকারী কর্তৃক Tradeমার্কের স্বত্বনিয়োগ বা হস্তান্তর
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
§ 49সহযোগী Tradeমার্ক বা মৌলিকভাবে সাদৃশ্যপূর্ণ Tradeমার্কসমূহের কোন একটির ব্যবহার অন্য একটির ব্যবহারের সমতূল্য
(1)Where the full use of a registered trademark under this Act is necessary to prove for any other purpose, the Tribunal may, if it thinks fit, accept the use of any registered subsidiary trademark as synonymous with the registered trademark, or with additions or modifications, without impairing the essential identity of the trademark.
(2)The full use of any trademark registered under this Act shall include the use of any other trademark registered under the same proprietor under section 12(1), which is a part of the first-mentioned trademark.
§ 50রপ্তানি বাণিজ্যে সম্পর্ক পরিবর্তন হওয়ার ক্ষেত্রে Tradeমার্কের ব্যবহার
(1)If any trademark is used in Bangladesh in goods or services exportable from Bangladesh or any act is done in relation to such exportable goods or services, which would be deemed to be the use of the trademark for sale or otherwise in business within Bangladesh, then the use of the trademark in respect of such goods or services for any such purpose shall be deemed to be subject to this Act or any other law.
(2)If any relationship exists in the course of business between the use of a registered trade mark in respect of goods or services and the person using the mark, such use shall not be deemed to cause deception or confusion merely because, in relation to the goods or services in respect of which the trade mark is or is being used, a different relationship existed or has existed between the said goods or services and the person using the mark or its predecessor in business.
The Trade Marks Act, 2009 governs the registration, protection, and enforcement of trade marks in Bangladesh. It applies to all marks used in connection with goods and services that are capable of distinguishing the goods or services of one undertaking from those of others. The Act establishes the Trade Marks Registry in Dhaka and provides for the appointment of the Registrar of Trade Marks and appellate tribunals. Key mechanisms include the procedure for filing and examining applications, publication for opposition allowing third parties to object within two months, registration and renewal of marks, grounds for refusal including lack of distinctiveness or conflict with earlier marks, the rights conferred by registration including exclusive use, and the assignment and licensing of trade marks. The Act also provides for the protection of well-known marks, collective marks, certification marks, and geographical indications. Notable provisions include criminal penalties for counterfeiting and border enforcement measures. The Act is currently in force.