Trademarks Which Cannot Be

REGISTERED:

• which comprises or consists of any scandalous or obscene matter; or
• the use of which would be contrary to any law for the time being in force; or
• the use of which would be likely to deceive or cause confusion; or
• which contains any matter likely to hurt the religious susceptibilities of any class of the citizens of Bangladesh;
• which is identical with, or is an imitation of, or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any state or international organization created by an international convention, charter or other instruments, unless authorized by the competent authority of that state or organization; or
• which would otherwise be disentitled to protection in a court;
• the application is made in bad intention and faith.

Further, the objections raised by the Registrar with regard to an application, is forwarded to the applicant and the applicant has to file an appropriate reply with the supporting documents to the official objections within 90 days. The Registrar may accept the application on the basis of the reply and documents filed or may list the application for hearing.

An appeal against the decision of registrar at the hearing or without the hearing can be filed by the applicant within 1 month from the date of such communication to the Registrar, requiring him to state in writing the grounds of, and the materials used by him in arriving at, his decision.

When an application for registration of a trademark is accepted, the Registrar advertises it in the official Trademarks Journal, which is published and  available  on the  Registry’s website.