Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Trade Marks Act, 2009 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Section 2(12), 100 |
Trade Mark Act, 2009;
Section 2(12), 100
|
Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors | 18 SCOB [2023] HCD 1 |
Section 100(2) |
Limitation Act, 1908
Section 5, 29(2) and Article 156 of the 1st Schedule
|
.Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors | 18 SCOB [2023] HCD 1 |
Section 24 & 30 |
Section 30 of the Trade Marks Act, 2009 provides that priority of use of this mark gets paramount consideration compared to registration. The right created in favour of a registered proprietor of a trade mark is not an absolute right and is subservient to other provisions of the Act. In other words, registration of a trade mark does not provide a defence to the proceedings for passing of as under section 24 of the Act, 2009. A prior user of trade mark can maintain an action for passing off against any subsequent user of an identical trade mark including a registered user thereof. ...BBC Vs. Registrar, DPDTM & ors, (Civil), 4 SCOB [2015] HCD 89 ....View Full Judgment |
BBC Vs. Registrar, DPDTM & ors | 4 SCOB [2015] HCD 89 |
Sections 41 and 42 |
Section 42 of the Trade Marks Act, 2009 deals with the removal and impose limitation of the mark from the registrar book for non use of the trade mark. According to sub section (1) of section 42 of the Trade Mark Act, 2009, on the basis of any application by any aggrieved person, High Court Division or Registrar of Trade Mark can remove any mark from the register book, if the applicant of the trade mark registration of the goods or service or constituting company under section 41 of the Trade Marks Act, 2009 has no honest intention or 1(one) month prior registration of the mark had not use the mark for honest purpose or has no use the mark for honest purpose after 5(five) years and above from the date of registration. .....Danish Foods Ltd Vs. Rani Food Industries Ltd & anr, (Spl. Statutory 19 SCOB [2024] HCD 104 ....View Full Judgment |
Danish Foods Ltd Vs. Rani Food Industries Ltd & anr | 19 SCOB [2024] HCD 104 |
Section 42 |
Both the conditions set out in cl. (a) are cumulative and not disjunctive. Cl. (a), therefore, will not apply where even though there had been no bona fide intention on the part of the application for registration to use to trade mark but, in fact, there has been a bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to a date one month before the date of the application under S. 42(1). Similarly, Cl. (a) will not apply where, though there had been a bona fide intention on the part of the applicant for registration to use the trade mark, in fact, there has been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to a date one month before the date of the application. .....Danish Foods Ltd Vs. Rani Food Industries Ltd & anr, (Spl. Statutory 19 SCOB [2024] HCD 104 ....View Full Judgment |
Danish Foods Ltd Vs. Rani Food Industries Ltd & anr | 19 SCOB [2024] HCD 104 |
Section 96 |
The petitioner is the registered trademark holder of the goods in question. Section 96 of the said Act has given protection to the petitioner. Under Section 96 of the said Act, the petitioner company is legally entitled to file suit before civil court for violation of any provision of the Trademarks Act, 2009. ...Unilever Bd Ltd. Vs. Chairman, National Board of Revenue & ors, (Civil), 17 SCOB [2023] HCD 137 ....View Full Judgment |
Unilever Bd Ltd. Vs. Chairman, National Board of Revenue & ors | 17 SCOB [2023] HCD 137 |
Section 100 (2) r/w |
Trade Mark Act, 2009
Section 100 (2) r/w
|
.Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors | 18 SCOB [2023] HCD 1 |
Section 100(2) r/w |
Trade Mark Act, 2009
Section 100(2) r/w
|
.Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors | 18 SCOB [2023] HCD 1 |
Section 100(2) |
An appeal under section 100(2) of the Trade Marks Act, 2009; Prior use of trade mark and prior application for registration in case of identical marks will go in favour of the prior user. ...Md. Anwar Hossain Vs. Registrar, Patents, Designs & Trade Mark, Dhaka & anr., (Civil), 14 SCOB [2020] HCD 78 ....View Full Judgment |
Md. Anwar Hossain Vs. Registrar, Patents, Designs & Trade Mark, Dhaka & anr. | 14 SCOB [2020] HCD 78 |
Section 102 |
When rectification proceeding is pending before this court, Suit for infringement of Trademark pending in the Court below should be stayed in view of Section 102 of the Trade Marks Act, 2009. ...Abul Khair Tabbaco and others Vs. Registrar of Taxes and others, (Civil), 3 SCOB [2015] HCD 93 ....View Full Judgment |
Abul Khair Tabbaco and others Vs. Registrar of Taxes and others | 3 SCOB [2015] HCD 93 |