Laws of Bangladesh

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter VIII


Cancellation or varying of registration
59. (1) The Government may, on the application in the prescribed manner of any person aggrieved or on the recommendation of the Registrar, and after giving the proprietor an opportunity of opposing the application or recommendation, make such order as it thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on any of the following grounds, namely:-
(a) that the proprietor is no longer competent, in the case of any of the goods in respect of which the mark is registered, to certify those goods;
(b) that the proprietor has failed to observe any provision of the deposited regulations to be observed on his part;
(c) that it is no longer to the public advantage that the mark should be registered;
(d) that it is requisite for the public advantage that, if the mark remains registered, the regulations should be varied;
(2) The Registrar shall rectify the register and the deposited regulations in such manner as may be requisite for giving effect to an order made under sub section (1).

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