Trade Mark Act, 2009; Section 2(12), 100
Trade Mark Rules, 2015 Rule 10, 14, 15 and 50(1)
Supreme Court of Bangladesh (High Court Division) Rules, 1973
Constitution of the People’s Republic of Bangladesh; Article 107(1)
Code of Civil Procedure Order XLI Rule 1, Order XLIII Rule 2
Limitation Act, 1908 (1st Schedule) Section 5, 29(2) and Article 156
Since Bangladesh Supreme Court (High Court Division) Rules, 1973 does not prescribe any time limit for preferring appeal before the High Court Division against the order passed by the Registrar under the Act, 2009 as such, the time frame as prescribed in Rule 50(1) of the Rules of 2015 is applicable. ...Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors, (Civil), 18 SCOB [2023] HCD 1 ....View Full Judgment

Trade Mark Act, 2009 Section 100(2) r/w
Trade Mark Rules, 2015 Rule 15(6), 15(8), 50(1)
Time period for preferring appeal under Section 100(2) of the Trade Mark Act, 2009 read with Rule 50(1) of the Trade Mark Rules, 2015 is 2(two) months and time starts from the date of receipt of the certified copy of the order or decision of the Registrar passed under Rule 15(6) read with Rule 15(8) of the Rules, 2015:
The time period as prescribed in Rule 15(7) has no role to play, for, vide Rule 15(7) the Registrar on receipt of the application in Form TM-15, if there be any, shall inform the applicant the reason of his decision so taken under Rule 15(7). In other words, sub rule (6) of Rule 15 deals with the decision “সিদ্ধান্ত” of the Registrar which is duly notified to the applicant on behalf of the Registrar in Form TMR-19 and Rule 15(8) deals with the date of the said decision for preferring appeal under Section 100 (2) read with Rule 50(1) of the Rules, 2015. Conversely, Rule 15(7) deals with supply of reasons “যুক্তিসমূহ” for taking the said decision by the Registrar, provided any prayer is made to that effect by the applicant. No where within the four corners of Section 100(2) of the Act, 2009 read with Rule 50(1) of the Rules, 2015 the time period so consumed for supply of the certified/copy of the reason “যুক্তিসমূহ” of the said decision in Form TM-15 has been made inclusive. Be that as it may, we have no manner of doubt to find that time period for preferring appeal under Section 100(2) read with Rule 50(1) is 2(two) months and time starts from the date of receipt of the certified copy of the order or decision of the Registrar passed under Rule 15(6) read with Rule 15(8) of the Rules, 2015. ...Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors, (Civil), 18 SCOB [2023] HCD 1 ....View Full Judgment

Trade Mark Act, 2009 Section 100 (2) r/w
Trade Mark Rules, 2015: Rule 50(1)
In view of Section 100 (2) of the Act, 2009 read with Rule 50(1) of the Rules, 2015 the limitation period for preferring appeal before the High Court Division is 2 (two) months to be computed from the date of receipt of the certified copy of the order or decision of the Registrar and that vide Rule 15(8) the date on which the decision of the Registrar, so passed under Rule 15(6), is sent to the applicant in Form TMR-19 shall be deemed to be the date of decision of the Registrar. ...Kazi Md. Kamrul Islam Vs. Registrar, Dep. of PDTM & ors, (Civil), 18 SCOB [2023] HCD 1 ....View Full Judgment