BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
• earlier rights – an opposition may be filed if the opponent holds prior rights to the mark, including unregistered rights based on reputation and prior use. Opposition must be filed within two months from the date of publication of the application in the Trade Marks Journal as per the Trade Marks Rules, 2015. Trade Mark Revocation/Cancellation A registered trade mark in Bangladesh may be can - celled or revoked under the Trademarks Act, 2009 for the following reasons: • non-use – if the registered trade mark has not been used in Bangladesh for a continuous period of five years after registration, it may be cancelled for non-use; • deception or misrepresentation – if a mark was registered based on false representation or fraud, it may be revoked; • becoming generic – if the mark has become a common term in trade for the goods or services it was registered for, cancellation may be sought; and • conflict with earlier rights – if it is proven that the mark conflicts with an earlier registered or well- known mark, revocation may be pursued. The application for cancellation or revocation can be filed with the Registrar of Trade Marks or before the High Court Division of the Supreme Court of Bang - ladesh. Copyright Revocation/Cancellation Copyright in Bangladesh is governed by the Copyright Act, 2000. While copyright is generally not subject to cancellation like trade marks, it can be challenged or invalidated in cases such as: • fraud or misrepresentation – if the copyright registration was obtained fraudulently or through misrepresentation; • lack of originality – if it is found that the work lacks originality and does not meet the copyrightability criteria; and • public domain – if the work is determined to have already been in the public domain before registra - tion.
Copyright disputes are generally handled by the Cop - yright Office or in civil courts. Expungement or Re-Examination Procedure Under the Trademarks Act, 2009, an expungement (removal of a trade mark from the register) can be initiated through: • rectification proceedings – a party may apply for rectification of the trade mark register if the mark was registered in error or has been wrongly retained in the register; • cancellation for non-use – if the mark has not been used for five consecutive years, any interested party can apply for its removal; and • judicial review – the High Court Division has the authority to review and direct the removal of trade marks that do not comply with the Act. For copyright, there is no formal “re-examination” pro - cess after registration, but disputes over ownership or Any person may file an opposition to a trade mark application in Bangladesh. The opponent does not necessarily need to be a registered trade mark owner, but they must have a valid interest in the matter, such as prior use of a similar mark, a reputation in the mark, or potential harm from the registration of the opposed mark. Holding a registered trade mark is not a requirement. An opponent can rely on prior use, reputation or earlier rights in an unregistered mark to oppose a trade mark application. However, having a prior registered trade mark strengthens the case. While it is not mandatory to have an attorney, it is highly recommended to engage a trade mark attor - ney or an intellectual property agent to ensure com - pliance with procedural requirements and strengthen the opposition case. Revocation/Cancellation of a Trade Mark The following parties can initiate a cancellation action: originality can be addressed in court. 5.3 Ability to File an Opposition or Revocation/Cancellation Opposition to Trade Mark Registration
43 CHAMBERS.COM
Powered by FlippingBook