Laws of Bangladesh

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter II


Distinctiveness requisite for registration
6. (1) A trade mark shall not be registered unless it contains or consists of at least one of the following essential particulars, namely:-
(a) the name of a company, individual, or firm, represented in a special or particular manner;
(b) the signature of the applicant for registration or some predecessor in his business;
(c) one or more invented words;
(d) one or more words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification, a geographical name or surname or the name of a sect, caste or tribe in Bangladesh;
(e) any other distinctive mark, provided that a name, signature, or any word, other than such as fall within the descriptions in the above clauses, shall not be registrable except upon evidence of its distinctiveness.
(2) For the purposes of this section, the expression “distinctive” means adapted, in relation to the goods in respect of which a trade mark is proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be con┬¼nected in the course of trade from goods in the case of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subject to limitations, in rela┬¼tion to use within the extent of the registration.
(3) In determining whether a trade mark is adapted to distinguish as aforesaid, the tribunal may have regard to the extent to which¬-
(a) the trade mark is inherently so adapted to distinguish, and
(b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish:
Provided that in the case of a trade mark which has been con¬tinuously used (either by the applicant for registration or by some predecessor in his business, and either in its original form or with additions or alterations not substantially affecting its identity) in relation to the same goods as those in relation to which registra¬tion is applied for, during a period from a date prior to the 25th day of February, 1937, to the date of application for registration, the Registrar shall not refuse registration by reason only of the fact that the trade mark is not adapted to distinguish as afore¬said, and may accept evidence of acquired distinctiveness as entitling the trade mark to registration.

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Ministry of Law, Justice and Parliamentary Affairs