Laws of Bangladesh

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter VIII


Consideration of application for registration by Government
54. When authorisation to proceed with an application under section 53 has been given, the Registrar shall forward the application to the Government who shall consider the application with regard to the following matters, namely:
(a) whether the applicant is competent to certify the goods¬ in respect of which the mark is to be registered;
(b) whether the draft of the regulations to be deposited under section 56 is satisfactory;
(c) whether in all the circumstances the registration applied for would be to the public advantage;
and may either
(i) direct that the application shall not be accepted; or
(ii) direct the Registrar to accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any
conditions or limitations, or to any amendments or modification of the application or of the regulations, which it thinks requisite having regard to any of the said matters;
but, except in the case of a direction for acceptance and approval without modification and unconditionally, the Government shall not decide the matter without giving to the applicant an opportunity of being heard:
Provided that the Government may, at the request of the applicant made with the concurrence of the Registrar, consider the application with regard to any of the said matters before authorisation to proceed with the application has been given, so however that the Government shall be at liberty to reconsider any matter on which it has given a decision under this proviso if any amendment or modification is thereafter made in the application or in the draft of the regulations.

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Ministry of Law, Justice and Parliamentary Affairs