The Trademark Act, 2009 in Bangladesh regulates how trademarks are registered, owned, and protected. One important provision is Section 21, which deals with the rules of joint proprietorship trademark in Bangladesh. This section clarifies whether two or more persons can jointly own a trademark and under what conditions such ownership is legally recognized.
Subsections of Section 21 – Joint Proprietorship Trademark
🔹 Section 21(1): No Automatic Joint Ownership
The law makes it clear that independent users of a trademark cannot automatically become joint proprietors.
👉 Example: If two different businesses use the same name separately, that alone does not give them the right to register the mark together.
🔹 Section 21(2): Exception – Business Connection
Despite subsection (1), joint proprietorship trademark in Bangladesh is possible if:
- Two or more individuals or entities are connected in their business activities for the goods or services related to the trademark, and
- They apply together for registration.
In such cases:
- The trademark can be registered under joint proprietorship, and
- Their rights will operate as if vested in one single owner.
👉 Example: Two partners running a joint venture brand, such as a clothing line or a tech service, can apply for co-ownership of trademarks in Bangladesh.
Importance of Section 21 for Businesses
The rules on joint proprietorship trademark in Bangladesh are significant because they:
- Prevent Ownership Disputes – Clarifies that independent users cannot force joint ownership.
- Support Partnerships & Joint Ventures – Legally recognizes co-ownership of trademarks in Bangladesh for connected business partners.
- Provide Strong Legal Protection – Joint proprietors enjoy enforceable rights similar to a single owner.
- Encourage Investment & Collaboration – Investors and partners feel secure knowing that a shared brand is lawfully protected.
Summary Table – Section 21 Trademark Act, 2009
| Subsection | Key Rule |
|---|---|
| 21(1) | Independent users cannot automatically claim joint ownership |
| 21(2) | Joint proprietorship possible if parties are business-related and apply together |
| Rights | Joint owners’ rights are treated as if vested in a single proprietor |
FAQs on Joint Proprietorship Trademark in Bangladesh
Q1. Can two businesses register a trademark together in Bangladesh?
👉 Yes, if they are connected in their business activities and apply jointly under Section 21(2).
Q2. What if two people use the same mark independently?
👉 Under Section 21(1), they cannot claim joint ownership automatically.
Q3. What is the benefit of joint proprietorship?
👉 Joint owners’ rights are treated as if they belonged to one single owner, ensuring strong legal enforceability.
Q4. Is co-ownership of trademarks in Bangladesh useful for partnerships?
👉 Absolutely. It provides protection for joint ventures, collaborations, and family-owned brands.
