Print View

[Section Index]

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter III


Effect of removal from register for failure to pay fee for renewal
19. Where a trade mark has been removed from the register under this Act 1[* * *] for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year next after the date of the removal, be deemed to be a trade mark already on the register, unless the tribunal is satisfied either-
(a) that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or
(b) that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed.

  • 1
    The comma, words, figure and letter “, or from the register of trade marks in any Acceding State or a non-Acceding State to which section 82A for the time being applies” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs