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14/07/2024
Laws of Bangladesh

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter II

THE REGISTER AND CONDITIONS FOR REGISTRATION

Prohibition of registration of identical or similar trade mark
10. (1) Save as provided in sub section (2), no trade mark shall be registered in respect of any goods or description of goods which is identical with a trade mark belonging to a different proprietor and 1[already on the register] in respect of the same goods or description of goods or which so nearly resembles such trade mark as to be likely to deceive or cause confusion.
 
 
 
 
(2) In case of honest concurrent use or of other special circumstances which, in the opinion of the Registrar, make it proper so to do he may permit the registration by more than one proprietor of trade marks which are identical or nearly resemble each other in respect of the same goods or description of goods, subject to such conditions and limitations, if any, as the Registrar may think fit to impose.
 
 
 
 
(3) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks which are identical or nearly resemble each other, in respect of the same goods or description of goods, the Registrar may refuse to register any of them until their rights have been determined by a competent Court.

  • 1
    The words “already on the register” were substituted for the words, figure and letter “either already on the register or already regis¬tered in any Acceding State or a non Acceding State to which section 82A for the time being applies” 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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