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The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter XI


76. (1) Save as otherwise expressly provided in this Act, an appeal shall lie, within the period prescribed by the Government, from any decision of the Registrar under this Act or the rules made thereunder to the High Court Division having jurisdiction:
Provided that if any suit or other proceeding concerning the trade mark in question is pending before the High Court Division or a District Court, the appeal shall be made to 1[High Court Division].
(2) In an appeal by an applicant for registration against a decision of the Registrar under section 13 or section 14 or section 15, it shall not be open, save with the express permission of the Court, to the Registrar or any party opposing the appeal to advance grounds other than those recorded in the said decision or advanced by the party in the proceedings before the Registrar, as the case may be; and where any such
additional grounds are advanced, the applicant for registration may, on giving notice in the prescribed manner, withdraw his application without being liable to pay the costs of the Registrar or the parties opposing his application.
(3) Subject to the provisions of this Act and of rules made thereunder, the provisions of the Code of Civil Procedure, 1908, shall apply to appeals before the High Court Division under this Act.

  • 1
    The words “High Court Division” were substituted for the words “that High Court or, as the case may be, to the High Court within whose jurisdiction that District Court is situated” by section 3 and the Second Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
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