THE TRADE MARKS ACT, 1940, CHAPTER IX & X

CHAPTER IX

SPECIAL PROVISIONS FOR TEXTILE GOODS

Textile goods62. The Government shall prescribe classes of goods (in this Chapter referred to as textile goods) to the trade marks used in relation to which the provisions of this Chapter shall apply; and subject to the said provisions, the other provisions of this Act shall apply to such trade marks as they apply to trade marks used in relation to other classes of goods.

[Omitted.]63. [Separate Trade Marks Registry at Bombay.- Omitted by section 6 of the Trade Marks (Amendment) Act, 1943 (Act No. XV of 1943).]

[Omitted.]63A. [Jurisdiction of Bombay Registrar and Registrar in respect of trade marks used in relation to textile goods.- Omitted by section 6 of the Trade Marks (Amendment) Act, 1943 (Act No. XV of 1943).]

Restrictions on registration of textile goods64. (1) In respect of textile goods being piece goods¬-

(a) no mark consisting of a line heading alone shall be registrable as a trade mark;

(b) a line heading shall not be deemed to be adapted to distinguish;

(c) the registration of a trade mark shall not give any exclusive right to the use of a line heading.

(2) In respect of any textile goods, the registration of letters or numerals, or any combination thereof, shall be subject to such conditions and restrictions as may be prescribed.

Refused Textile Marks List65. Trade marks in respect of textile goods of which registration has been refused shall be entered by the Registrar in a list called the Refused Textile Marks List, and the said list shall at all convenient times be open to the inspection of the public subject to such conditions and restrictions as may be prescribed.

CHAPTER IX

SPECIAL PROVISIONS FOR TEXTILE GOODS

Advisory Committees66. (1) The Government may in the prescribed manner constitute one or more Advisory Committees of persons versed in the usages of the textile trade for the purpose of this section.

(2) The Registrar shall consult any such Committee with respect to any circumstances peculiar to the textile trade arising on an application to register a trade mark in respect of textile goods.

(3) The place of meeting and the conduct of business of such Committees shall be determined by rules made under this Act.

CHAPTER X

OFFENCES AND RESTRAINT OF USE OF ROYAL ARMS AND STATE EMBLEMS

Penalty for falsification of entries in register67. If any person makes, or causes to be made a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders, or causes to be produced or tendered, in evidence any such writing, knowing the entry or writing to be false, he shall be punishable with imprisonment for a term which may extend to two years, or with fine, or with both.

Penalty for falsely representing a trade mark as registered68. (1) On and after the 1st day of January 1947, no person shall make any representation¬-

(a) with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or

(b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark; or

(c) to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not in fact registered; or

(d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not in fact give that right.

(2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred 15[Taka], or with both.

(3) For the purposes of this section, the use in Bangladesh in relation to a trade mark of the word “registered”, or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except-

(a) where that word or other expression is used in direct association with other words delineated in characters at least as large as those in which that word or other expression is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside Bangladesh, being a country under the law of which the registration referred to is in fact in force; or

(b) where that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or

(c) where that word is used in relation to a mark registered as a trade mark under the law of 16[* * *] a Country outside Bangladesh and in relation solely to goods to be exported to that country.

(4) Nothing in this section shall¬-

(a) apply to a trade mark, application for the registration of which has been made before the 1st day of January 1947, until such application has been disposed of ;

17[* * *]

Restraint of use of Royal Arms and State Emblems69. If a person, without due authority, uses in connection with any trade, business, calling or profession

(a) the 18[* * *] Government Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorised so to use the 19[* * *] Government Arms, or

(b) name, title and semblance of 20[Bangabandhu Sheikh Mujibur Rahman] and any variations thereof or any device, Emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, or is connected with, 21[the Government or any department of the Government], 22[or

(c) the Emblem, the official seal and the name or any abbreviation of the name of the United Nations or any subsidiary body set up by the United Nations or of the

World Health Organization in such manner as is to be calculated to lead to the belief that he is duly authorised by the Secretary General in the case of the United Nations or by the Director General of the World Health Organization in the case of that Organization to use that Emblem, seal or name,]

he may, at the suit of any person who is authorised to use such Arms or such device, Emblem or title or of the Registrar, be restrained by injunction from continuing so to use the same:

Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such Arms, device, Emblem or title to continue to use such trade mark.