THE TRADE MARKS ACT, 1940

Section-46(2)

Aggrieved—In the present case the applicant respondent is a foreigner whose mark has not yet been registered in Bangladesh and they are also not manufacturing the blades in this country with the Trade Mark—we hold that the respondent is not a person aggrieved as contemplated under the law. Admittedly the importer also is not coming with any action against the registration of the marks of the appellant on the ground that use of the mark by the appellant has jeopardized his business as that mark was registered in Indian and the products were legally imported. The consumers are also not coming with any such grivance. In that view of the matter we hold that the respondents before the Registrar failed to make out any case as a person aggrieved. [IPara-7]

Samah Razor Blades Industries Ltd. Vs. M/S, Supermax International Put. Ltd. 7 BLT (HCD)-70

 Section-72 Read with Section-37

The respondent No. 1 which is a Pakistani company after emergence of Bangladesh neither used Trade Mark Tthet-5 70 in Bangladesh nor exported any laundry soaps under the Trade Mark Tthet-570 to Bangladesh. Further neither respondent No. 1 nor its alleged registered user of the trade mark MIS Medley Industries has used the registered trade mark Tibet-570 for 5 continuous years until 1 month before the application as made. It is prayed that the registration of trade mark under Registration No, C 1525 in class-3 in favour of respondent No. 1 be expunged on the ground of non-use of the trade mark under section 37 of the Trade Marks Act, 1940 as contended by the petitioner’s Advocate.

Held: In the instant case there was an agreement entered into between M/S. Medley Industries and Kohinoor Chemical Co. Ltd. Karachi, Pakistan, M/S. Medley Industries was also recorded as registered user of the Trade Mark — The customs authorities have also described Medley Industries as a concern manufacturing laundry soaps under Trade Mark Tibet-570 and they assessed custom duty for the period 1992-93. These evidence in my opinion to indicate that M/S. Medley Industries was manufacturing laundry soaps under the said trade mark at
least one month before fffing of this application — so the claim of the petitioner as an aggrieved person to have the trade mark expunged from the registry on the ground of non-use in the facts and circumstances of the case
does not lie. [Para- 16]

Kohinoor
Chemical Co (Bangladesh) Ltd. Vs. Kohinoor Chemical Co (Pakistan) Ltd. 4 BLT (HCD)-212.

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