The Trade Marks Act, 1940

( ACT NO. V Of 1940 )

এই আইনটি ট্রেডমার্ক আইন, ২০০৯ (২০০৯ সনের ১৯ নং আইন) দ্বারা রহিত করা হইয়াছে।

An Act to provide for the registration and more effective protection of Trade Marks.1

 
WHEREAS it is expedient to provide for the registration and more effective protection of trade marks;
 
 
 
 
It is hereby enacted as follows:-
 
 
 

CONTENTS

SECTIONS

1. Short title, extent and commencement

2. Definitions

3. Application of other laws not barred

4. The register of trade marks

4A. [Omitted.]

5. Registration to be in respect of particular goods

6. Distinctiveness requisite for registration

7. Limitation as to colour

8. Prohibition of registration of certain matter

9. Use of names of chemical elements barred

10. Prohibition of registration of identical or similar trade mark

11. Registration of parts of trade marks and of trade marks as a series

12. Associated trade marks

13. Registration subject to disclaimer

14. Application for registration

15. Opposition to registration

16. Registration

17. Jointly owned trade marks

18. Duration and renewal of registration

19. Effect of removal from register for failure to pay fee for renewal

20. No action for infringement of unregistered trade mark

21. Right conferred by registration

22. No infringement in certain circumstances

23. Registration to be prima facie evidence of validity

24. Registration to be conclusive as to validity after seven years

25. Saving for vested rights

26. Saving for use of name, address, or description of goods

27. Words used as name or description of an article or substance

28. Power of registered proprietor to assign and give receipts

29. Assignability of registered trade marks

30. Assignability of unregistered trade marks

31. Restrictions on assignment or transmission where multiple exclusive rights would be created

32. Restrictions on assignment or transmission when exclusive rights would be created in different parts of Bangladesh

33. Conditions for assignment otherwise than in connection with the goodwill of a business

34. Conditions for assignment and transmission of certification trade marks and associated trade marks

35. Registration of assignments and transmissions

36. Proposed use of trade mark by company to be formed

37. Removal from register and imposition of limitations on ground of non use

38. Defensive registration of well known trade marks

39. Registered users

40. Power of registered user to take proceedings against infringement

41. Application for registration as registered user

42. Power to Registrar to vary or cancel registration as registered user

43. Registered user not to have right of assignment or transmission

44. Use of one of associated or substantially identical trade marks equivalent to use of another

45. Use of trade mark for export trade, and use when form of trade connection changes

46. Power to cancel or vary registration and to rectify the register

47. Correction of register

48. Alteration of registered trade mark

49. Adaptation of entries in register to amended or substituted classification of goods

50. Provisions of this Act applicable to certification trade marks

51. Certification trade mark not to be registered in name of person trading in goods certified thereby

52. Determination whether a mark is a certification trade mark

53. Application for registration

54. Consideration of application for registration by Government

55. Opposition to registration

56. Deposit of regulations governing the use of a certification trade mark

57. Right conferred by registration

58. No infringement in certain circumstances

59. Cancellation or varying of registration

60. Costs not to be awarded in certain cases

61. Decisions of Government to be final

62. Textile goods

63. [Omitted.]

63A. [Omitted.]

64. Restrictions on registration of textile goods

65. Refused Textile Marks List

66.Advisory Committees

67. Penalty for falsification of entries in register

68. Penalty for falsely representing a trade mark as registered

69. Restraint of use of Royal Arms and State Emblems

70. Procedure before the Registrar

71. Procedure before Government

72. Procedure in certain cases of option to apply to the High Court Division or the Registrar

73. Suits for infringement to be instituted before District Court

74. Appearance of Registrar in proceedings involving recti¬fication of register

74A. Costs of Registrar in proceedings before High Court Division

75. Evidence of entries in register and things done by Registrar

76. Appeals

77. Power to Supreme Court to make rules

78. Certificate of validity

79. Trade usage, etc., to be taken into consideration

80. Agents

81. Fees

82. Government to be bound

82A. [Omitted]

83. Power to make reciprocal arrangements with other Governments

84. Power of Government to make rules

85.Power to Government to make provision for applications for registration before the coming into force of the remaining provisions of Act

86. [Omitted.]