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The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter X

OFFENCES AND RESTRAINT OF USE OF ROYAL ARMS AND STATE EMBLEMS

Restraint of use of Royal Arms and State Emblems
69. If a person, without due authority, uses in connection with any trade, business, calling or profession
 
 
 
 
(a) the 1[* * *] Government Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorised so to use the 2[* * *] Government Arms, or
 
 
 
 
(b) name, title and semblance of 3[Bangabandhu Sheikh Mujibur Rahman] and any variations thereof or any device, Emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, or is connected with, 4[the Government or any department of the Government], 5[or
 
 
 
 
(c) the Emblem, the official seal and the name or any abbreviation of the name of the United Nations or any subsidiary body set up by the United Nations or of the
 
 
World Health Organization in such manner as is to be calculated to lead to the belief that he is duly authorised by the Secretary General in the case of the United Nations or by the Director General of the World Health Organization in the case of that Organization to use that Emblem, seal or name,]
 
 
 
 
he may, at the suit of any person who is authorised to use such Arms or such device, Emblem or title or of the Registrar, be restrained by injunction from continuing so to use the same:
 
 
 
 
Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such Arms, device, Emblem or title to continue to use such trade mark.
 
 

  • 1
    The words “Royal Arms or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 2
    The words “Royal Arms or” were omitted by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 3
    The words “Bangabandhu Sheikh Mujibur Rahman” were substituted for the words “Quaid-i-Azam Mohammad Ali Jinnah” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 4
    The words “the Government or any department of the Government” were substituted for the words “His Majesty’s Government or the Central Government or any Provincial Government or any department of any such Government” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
  • 5
    The word “or” and clause (c) were added by section 3 of the Trade Marks (Amendment) Ordinance, 1948 (Ordinance No. XXV of 1948), clause (c) was again substituted by section 2 of the Trade Marks (Amendment) Act, 1949 (Act No. III of 1950)
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Ministry of Law, Justice and Parliamentary Affairs