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THE TRADE MARKS ACT, 1940

(ACT NO. V OF 1940).
  Part No : Chapter No : Section No: [ 11th March, 1940  
  
 
This Act is repealed by Trademark Ordinance, 2008 (Ordinance No.2 of 2008)[ট্রেডমার্ক অধ্যাদেশ, ২০০৮ (২০০৮ সনের ২ নং অধ্যাদেশ)]
     An Act to provide for the registration and more effective protection of Trade Marks. 1
 
    WHEREAS it is expedient to provide for the registration and more effective protection of trade marks;



It is hereby enacted as follows:-
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
3. Application of other laws not barred
CHAPTER II
THE REGISTER AND CONDITIONS FOR REGISTRATION
4. The register of trade marks
4A. [Omitted.]
5. Registration to be in respect of particular goods
6. Distinctiveness requisite for registration
7. Limitation as to colour
8. Prohibition of registration of certain matter
9. Use of names of chemical elements barred
10. Prohibition of registration of identical or similar trade mark
11. Registration of parts of trade marks and of trade marks as a series
12. Associated trade marks
13. Registration subject to disclaimer
CHAPTER III
PROCEDURE FOR, AND DURATION OF, REGISTRATION
14. Application for registration
15. Opposition to registration
16. Registration
17. Jointly owned trade marks
18. Duration and renewal of registration
19. Effect of removal from register for failure to pay fee for renewal
CHAPTER IV
EFFECT OF REGISTRATION
20. No action for infringement of unregistered trade mark
21. Right conferred by registration
22. No infringement in certain circumstances
23. Registration to be prima facie evidence of validity
24. Registration to be conclusive as to validity after seven years
25. Saving for vested rights
26. Saving for use of name, address, or description of goods
27. Words used as name or description of an article or substance
CHAPTER V
ASSIGNMENT AND TRANSMISSION
28. Power of registered proprietor to assign and give receipts
29. Assignability of registered trade marks
30. Assignability of unregistered trade marks
31. Restrictions on assignment or transmission where multiple exclusive rights would be created
32. Restrictions on assignment or transmission when exclusive rights would be created in different parts of Bangladesh
33. Conditions for assignment otherwise than in connection with the goodwill of a business
34. Conditions for assignment and transmission of certification trade marks and associated trade marks
35. Registration of assignments and transmissions
CHAPTER VI
USE OF TRADE MARKS AND REGISTERED USERS
36. Proposed use of trade mark by company to be formed
37. Removal from register and imposition of limitations on ground of non use
38. Defensive registration of well known trade marks
39. Registered users
40. Power of registered user to take proceedings against infringement
41. Application for registration as registered user
42. Power to Registrar to vary or cancel registration as registered user
43. Registered user not to have right of assignment or transmission
44. Use of one of associated or substantially identical trade marks equivalent to use of another
45. Use of trade mark for export trade, and use when form of trade connection changes
CHAPTER VII
RECTIFICATION AND CORRECTION OF THE REGISTER
46. Power to cancel or vary registration and to rectify the register
47. Correction of register
48. Alteration of registered trade mark
49. Adaptation of entries in register to amended or substituted classification of goods
CHAPTER VIII
CERTIFICATION TRADE MARKS
50. Provisions of this Act applicable to certification trade marks
51. Certification trade mark not to be registered in name of person trading in goods certified thereby
52. Determination whether a mark is a certification trade mark
53. Application for registration
54. Consideration of application for registration by Government
55. Opposition to registration
56. Deposit of regulations governing the use of a certification trade mark
57. Right conferred by registration
58. No infringement in certain circumstances
59. Cancellation or varying of registration
60. Costs not to be awarded in certain cases
61. Decisions of Government to be final
CHAPTER IX
SPECIAL PROVISIONS FOR TEXTILE GOODS
62. Textile goods
63. [Omitted.]
63A. [Omitted.]
64. Restrictions on registration of textile goods
65. Refused Textile Marks List
66.Advisory Committees
CHAPTER X
OFFENCES AND RESTRAINT OF USE OF ROYAL ARMS AND STATE EMBLEMS
67. Penalty for falsification of entries in register
68. Penalty for falsely representing a trade mark as registered
69. Restraint of use of Royal Arms and State Emblems
CHAPTER XI
MISCELLANEOUS
70. Procedure before the Registrar
71. Procedure before Government
72. Procedure in certain cases of option to apply to the High Court Division or the Registrar
73. Suits for infringement to be instituted before District Court
74. Appearance of Registrar in proceedings involving recti¬fication of register
74A. Costs of Registrar in proceedings before High Court Division
75. Evidence of entries in register and things done by Registrar
76. Appeals
77. Power to Supreme Court to make rules
78. Certificate of validity
79. Trade usage, etc., to be taken into consideration
80. Agents
81. Fees
82. Government to be bound
82A. [Omitted]
83. Power to make reciprocal arrangements with other Governments
84. Power of Government to make rules
85.Power to Government to make provision for applications for registration before the coming into force of the remaining provisions of Act
86. [Omitted.]
 
 

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