BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
tion in the courts, particularly in cases of copyright infringement or disputes over authorship. Partial Revocation/Cancellation Partial revocation or cancellation of a trade mark is possible in Bangladesh. This can occur in the follow - ing circumstances: • non-use of a trade mark for specific goods/ser - vices – if a trade mark owner has not used the mark for certain categories of goods or services for five consecutive years, the mark can be partially revoked for those specific goods or services while remaining valid for the others; • descriptive or misleading elements – if a portion of a trade mark is found to be descriptive, deceptive or non-distinctive, that specific element may be removed while allowing the remaining parts of the mark to continue; and • consent or agreement – in some cases, a partial revocation may be agreed upon between parties as part of a settlement or coexistence arrangement. 5.5 Legal Remedies Against the Decision of the Trade Mark Office In Bangladesh, legal remedies against a decision of the Department of Patents, Designs and Trade Marks (DPDT) regarding a trade mark application or registra - tion are governed by the Trademarks Act, 2009 and the relevant procedural laws. The available remedies and appeal process are outlined below. Legal Remedies Against a Decision of the Trade Marks Office If a party is aggrieved by a decision of the Registrar of Trade Marks, they have the right to challenge the As per Section 123 of the Trademarks Act, 2009, any person aggrieved by a decision or order of the Reg - istrar may appeal to the High Court Division of the Supreme Court of Bangladesh. Judicial Review If a party believes that the decision of the Registrar or the High Court Division is contrary to law or involves decision through an appeal process. Appeal to the High Court Division
an abuse of power, they may seek judicial review under Article 102 of the Constitution of Bangladesh. Appeals against decisions of the Registrar of Trade Marks are filed directly with the High Court Division of the Supreme Court of Bangladesh. There is no sepa - rate trade mark appeal court/board in Bangladesh. If the High Court Division’s decision is unfavourable, a further appeal may be made to the Appellate Division of the Supreme Court. In general, only final decisions of the Registrar of Trade Marks are appealable. However, in cases where the decision of the Registrar substantially affects the rights of a party (eg, refusal of registration or rectification orders), an appeal can be made without waiting for further administrative pro - cedures. Likely Timescales for Appeals The timeline for an appeal varies depending on the complexity of the case and the court’s docket. The approximate timescales are as follows: • filing of appeal – within three months from the date of the Registrar’s decision (as per Section 123 of the Trademarks Act, 2009); • High Court Division decision – typically takes six months to two years, depending on the workload of the court; and • further appeal to the Appellate Division – if neces - sary, an appeal to the Appellate Division of the Supreme Court may take another one to three years. 5.6 Amendment in Revocation/Cancellation Proceedings Amendment is possible in revocation/cancellation proceedings in Bangladesh, subject to the provisions of the Trademarks Act, 2009 and the Patents and Designs Act, 1911, as applicable. The amendment may be allowed under the following circumstances.
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