BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
istered trade marks and other prior rights affecting registrability. 4.7 Revocation, Change, Amendment or Correction of an Application It is generally possible to make certain amendments or corrections to a trade mark application during the reg - istration process in Bangladesh. The ability to make changes may vary based on the nature of the amend - ment and the stage of the application process. For revocation, change, amendment or correction: • during the examination stage, the trade mark applicant may be allowed to make amendments to correct formalities, clarify descriptions, or address issues raised by the Trade Marks Registry; • after the publication of the application in the official gazette, amendments may still be possible in response to oppositions or concerns raised by third parties; and • while certain amendments may be permitted, material alterations that substantially change the nature or character of the mark may face scrutiny. With regard to obtaining authority for amendments: • the applicant or their authorised representative typically has the authority to request amendments by formal written submissions to the application; and • in cases where amendments involve changes that may affect the rights of prior owners or where con - sent is necessary, the applicant may need to obtain the consent of the relevant parties. 4.8 Dividing a Trade Mark Application The concept of dividing a trade mark application is not explicitly provided for in the laws and regulations of Bangladesh. 4.9 Incorrect Information in an Application The consequences for providing incorrect information in an application include: • refusal or invalidation – the Trade Marks Registry may refuse the application or invalidate the reg -
istration if it is discovered that incorrect or false information was knowingly provided; • legal consequences – providing false information may have legal consequences, including potential penalties or fines; and • loss of rights – incorrect information can lead to the loss of rights associated with the trade mark application or registration. The Trade Marks Registry is typically responsible for examining applications and may initiate actions or raise objections if incorrect information is identified. In certain situations, the applicant or registrant may be allowed to correct innocent mistakes or inadvert - ent errors by submitting amendments to the Trade Marks Registry. 4.10 Refusal of Registration Common circumstances under which the registration of a trade mark can be refused on absolute grounds include: • the trade mark lacking distinctiveness and being incapable of distinguishing the goods or services of one undertaking from those of others; • the trade mark consisting exclusively of signs or indications that may serve, in trade, to designate the kind, quality, quantity, intended purpose, value, geographical origin, or the time of production of the goods or the rendering of the service; • the mark consisting exclusively of signs or indica - tions that have become customary in the current language or in the bona fide and established prac - tices of the trade; • the mark being likely to deceive the public or cause confusion concerning the nature, quality or geo - graphical origin of the goods or services; and • the mark containing prohibited or offensive matter, or if its use is contrary to law or morality. Process for Overcoming Objections If the Trade Marks Registry raises objections based on absolute grounds, the applicant generally has the opportunity to respond and overcome these objec - tions. The process may involve submitting written arguments, evidence or amendments to address the concerns raised by the Trade Marks Registry. If the
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