Rectification of Register or Imposition of Limitation of Trademarks in Bangladesh
The Hon'ble High Court Division of the Supreme Court of Bangladesh has rejected the Rectification Case No. 3 of 2009 filed by a Bangladeshi Trader, IBN SINA Food Limited.
IBN Sina Food -VS- Kraft Foods Global Brands LLC of USA
The Ld. District Court in Dhaka, Bangladesh restrained IBN Sina Foood Products Ltd. for not trading with the mark “IBNA SINA ORANGE TANG” in the year 2009. IBN Sina Food without challenging the Order of the Ld. District Court filed a Rectification Case being No. 375 of 2009 before the Tribunal, Department of Patents, Designs and Trademarks.
The Tribunal has fixed the matter for hearing and pending hearing of the Rectification Case the Applicant, IBN Sina Food filed another Rectification Case before the Supreme Court of Bangladesh, High Court Division being Rectification Case No. 3 of 2009. At the time of hearing Kraft raised objection for two proceeding in two different forum for one issue and at one stage IBN Sina was compelled to withdrew the Rectification Case filed before the Tribunal.
The Kraft Foods submitted their submissions before the High Court Division and raised points that IBN Sina Food did not disclose this fact that it has filed similar proceeding before the Tribunal and the matter was fixed for hearing in the Tribunal. However, after long hearing the Hon'ble High Court Division passed the Order on May 20, 2013 and rejected the Rectification Case being No. 3 of 2009 filed by IBN Sina Food.
ABOUT THE AUTHOR: Md. Delwar Hossain
Md. Delwar Hossain, Advocate, Supreme Court of Bangladesh and member of AIPPI, APAA, INTA, ECTA, FICPI, IPO, MARQUES, LESI and Leading Associate of Brandstock AG
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The Ld. District Court in Dhaka, Bangladesh restrained IBN Sina Foood Products Ltd. for not trading with the mark “IBNA SINA ORANGE TANG” in the year 2009. IBN Sina Food without challenging the Order of the Ld. District Court filed a Rectification Case being No. 375 of 2009 before the Tribunal, Department of Patents, Designs and Trademarks.
The Tribunal has fixed the matter for hearing and pending hearing of the Rectification Case the Applicant, IBN Sina Food filed another Rectification Case before the Supreme Court of Bangladesh, High Court Division being Rectification Case No. 3 of 2009. At the time of hearing Kraft raised objection for two proceeding in two different forum for one issue and at one stage IBN Sina was compelled to withdrew the Rectification Case filed before the Tribunal.
The Kraft Foods submitted their submissions before the High Court Division and raised points that IBN Sina Food did not disclose this fact that it has filed similar proceeding before the Tribunal and the matter was fixed for hearing in the Tribunal. However, after long hearing the Hon'ble High Court Division passed the Order on May 20, 2013 and rejected the Rectification Case being No. 3 of 2009 filed by IBN Sina Food.
ABOUT THE AUTHOR: Md. Delwar Hossain
Md. Delwar Hossain, Advocate, Supreme Court of Bangladesh and member of AIPPI, APAA, INTA, ECTA, FICPI, IPO, MARQUES, LESI and Leading Associate of Brandstock AG
Copyright Advocates IP Alliance - Google+
More information about Advocates IP Alliance
View all articles published by Advocates IP Alliance
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
