The short answer
Section 21 of the Trademarks Act, 2009 allows two or more persons who are connected in trade for the goods or services to be registered as joint proprietors. Their rights then work as one proprietor's. Two unconnected businesses that simply use the same mark are not co-owners.
What Section 21 says
21(1)
No co-ownership by parallel use
Two unconnected users of the same mark do not become joint owners. Each stands on its own rights.
21(2)
Connected traders
Persons connected in the trade may be registered together, and their rights work as one proprietor's.
Example. Two tailors in different cities selling shirts under "Nilkantha" without any link are not co-owners. Two companies that set up a joint venture to make and sell those shirts are connected, so Section 21(2) can apply.
Who can co-own a mark
- Companies in a joint venture
- Partners in a firm using one name
- Relatives running a family brand across shops or entities
- Co-manufacturers of a co-branded product
- A foreign brand owner and a Bangladeshi partner, if both take part in the trade
- A founder and the company the founder runs
A passive investor, a supplier, a buyer, or someone who merely picked the same name does not qualify. The link must concern the goods or services in the application.
Documents and evidence
| Document | Proves |
|---|---|
| Joint venture agreement | Shared trade and brand plans |
| Partnership deed | Partners and business name |
| Co-branding or co-manufacturing contract | Who makes, packs and sells |
| Trade licences and incorporation papers | Each applicant exists and trades |
| Invoices, catalogues, packaging | Joint use of the mark |
| Power of attorney | Agent's authority |
Names must match the trade licence and incorporation papers letter for letter. Dated evidence, such as both parties on one invoice or price list, is the strongest proof of connection.
How to file
Search the register
- One search covers all future co-owners
Agree the terms first
- Who owns what, who may use the mark and how disputes are decided, in a co-ownership agreement
File one application naming every co-owner
- Attach the connection evidence and a power of attorney signed by each applicant
Agree in writing how the mark may be licensed, assigned or enforced, because one co-owner's act can affect all.
Co-ownership questions
Can two unrelated companies co-own a mark?
No. They must be connected in trade for the goods or services.
Is a joint application one filing?
Yes. All co-owners are named in one application.
Do I need a co-ownership agreement?
It is strongly advised, to settle use, licensing and disputes before filing.
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