THE TRADE MARKS ACT, 1940, CHAPTER I

( ACT NO. V Of 1940 )

[ 11th March, 1940 ]

এই আইনটি ট্রেডমার্ক আইন, ২০০৯ (২০০৯ সনের ১৯ নং আইন) দ্বারা রহিত করা হইয়াছে।

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:-

CHAPTER I

PRELIMINARY

Short title, extent and commencement1. (1) This Act may be called the Trade Marks Act, 1940.

(2) It extends to the whole of Bangladesh.

(3) This section and section 85 shall come into force at once; the remaining provisions of the Act shall come into force on such date as the Government may, by notification in the official Gazette, appoint in this behalf.

Definitions2. (1) In this Act, unless there is anything repugnant in the subject or context,-

(a) “associated trade marks” means trade marks deemed to be, or required to be registered as, associated trade marks under this Act;

(b) “certification trade mark” means a mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions of Chapter VIII in respect of those goods in the name, as proprietor of the certification trade mark, of that person;

(c) “District Court” means the Court of the District Judge and includes the Court of an Additional District Judge 2[* * * ];

3[* * * ]

(e) “limitations” (with its grammatical variations) means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold or otherwise traded in within Bangladesh, or as to use in relation to goods to be exported to any market outside Bangladesh;

(f) “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof;

(g) “permitted use” means the use of a trade mark by a registered user thereof in relation to goods with which he is connected in the course of trade and in respect of which for the time being the trade mark remains registered and he is registered as a registered user, being use such as to comply with any conditions or restrictions to which his registration is subject;

(h) “prescribed” means prescribed by rules made, in relation to proceedings before the High Court Division, by 4[the Supreme Court], and in other cases, by the Government;

(i) “registered” (with its grammatical variations) means registered under this Act;

(j) “registered trade mark” means a trade mark which is actually on the register;

(k) “registered user” means a person who is for the time being registered as such under section 41;

(l) “trade mark” means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person;

(m) “transmission” means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment;

(n) “tribunal” means the Registrar or, as the case may be, the Court before which the proceeding concerned is pending.

(2) References in this Act to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark, and references herein to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in any other relation whatsoever to such goods.

Application of other laws not barred3. The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law for the time being in force.