How to Remove or Rectification of a Trademark in Bangladesh?
A Registered (if) trademark in Bangladesh has not been used for a continuous period of five years from the date of registration, it can be removed on an application made in the prescribed manner by filing request before the Trademarks Office in Bangladesh on the grounds that the impugned mark was registered without any genuine intention to use.
Anyone may approach the registrar or the High Court Division seeking cancellation, Revocation or Rectification of a registered trademark in Bangladesh.
On what grounds can a registered trademark be removed in Bangladesh?
Procedure for Removal of a Registered Trademark in Bangladesh on grounds of non-use:
According to Section 42 of the Bangladesh Trademarks Act provides for the removal of the trademark from the register of trademarks on the ground of continuous non-use of the mark for a period of 5 years from the date of registration i.e. application.
On what grounds can an application for rectification of trademark be filed Bangladesh?
Procedure for filing an application for Rectification of a Trademark In Bangladesh:
Section 51 of the Bangladesh Trademarks Act provides for the rectification of a trademark in Bangladesh in case of contravention or failure to observe a condition entered in the registry in relation thereto on an application made by an aggrieved person.
Relevant Laws and Acts for
remove or rectify a trademark in Bangladesh.
Section 42. Removal from Register and imposition of limitations on ground of non-use.?
(1) A registered trademark may be taken off the Register in respect of any of the goods or services, in respect of which it is registered on application made in the prescribed manner by any person aggrieved to the High Court Division or the Registrar, on the ground either?
(a) that the trademark was registered without any bona-fide intention on the part of the applicant for registration that it should be used in relation to those goods or services, a the case may be, by him or, in a case to which the provisions of section 41 apply, by the company concerned, and that there has in fact, been no bona-fide use of the trademark, in relation to those goods or services by any proprietor thereof for the time being up to a date one month before the date of the application; or
(b) that up to a date one month before the date of the application, a continuous period of 5 (five) years or longer elapsed during which the trademark was registered and during which there was no bona-fide use thereof in relation to those goods or services by any proprietor thereof for the time being
(2) The Tribunal shall not refuse an application submitted under sub-section (1) except where?
(a) the applicant has been permitted under section 10 to register an identical or nearly resembling trademark in respect of the goods or services; or
(b) where the Tribunal is of opinion that there has been, before the relevant date or during the relevant period, bona-fide use of the trademark by any proprietor thereof for the time being in relation to goods or services.
(a) is shown to have been due to special circumstances; and
(b) is not to any intention to abandon the business or not to use the trademarks.
Section 51. Power to cancel or vary registration or to rectify the Register.?
(1) On application made in the prescribed manner by any person aggrieved to the High Court Division or to the Registrar, the Tribunal may make such order as it may think fit for cancelling or varying the registration of a trademark on the ground of any contravention of, or failure to observe a condition entered on the Register in relation thereto.
(2) Any person aggrieved by the absence or commission from the Register of any entry, or by any entry made in the Register without sufficient cause, or by any entry wrongly remaining on the Register, or by any error or defect in any entry in the Register, may apply in the prescribed manner to the High Court Division or to the Registrar, and the Tribunal may make such order for making, expunging or varying the entry as it may think fit.
(3) The Tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the Register.
(4) The High Court Division or the Registrar of its or his own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heared, make any order referred to in sub-section (1) or sub-section (2) of this section.
(5) Any order of the High Court Division rectifying Register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the Register accordingly