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18/07/2024
Laws of Bangladesh

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter VIII

CERTIFICATION TRADE MARKS

Determination whether a mark is a certification trade mark
52. In determining whether a mark is adapted to distinguish in accordance with the provisions of clause (b) of sub section
 
 
(1) of section 2, the tribunal may have regard to the extent to which-
 
 
 
 
(a) the mark is inherently so adapted to distinguish in relation to the goods in question; and
 
 
 
 
(b) by reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question.

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