The short answer
Under Section 42 of the Trademarks Act, 2009 an aggrieved person can cancel a registered trademark that has not been genuinely used for 5 continuous years from registration (the filing or priority date), counted to one month before the petition. Cancellation can also follow if the applicant never had a genuine intention to use the mark.
Two grounds under Section 42(1)
42(1)(a)
No intention, no use
The applicant had no bona fide intention to use the mark, and it was not used in good faith up to 1 month before the petition.
42(1)(b)
5 years of non-use
The mark was not used in good faith for 5 years or more after registration.
Counting the 5 years. In Bangladesh the registration date is the filing date, or the priority date if claimed, not the certificate date.
Example: "DREAMY MILK" was registered in 2017 and unused from 2018. By 2024 the 5-year non-use period was satisfied and any aggrieved competitor could petition.
You have 5 years to start using
The law gives owners 5 years to begin real use. Use the mark in actual business before the period ends and keep records: invoices, labels, packaging and advertisements.
When cancellation can be refused
- The petitioner was already allowed to register an identical or similar mark under Section 10 (such as honest concurrent use), Section 42(2)(a)
- The Tribunal finds the owner used the mark in good faith before the relevant date or during the 5-year period, even once (Section 42(2)(b)). Instead of full cancellation, the scope may also be limited to the places or markets where the mark was genuinely used (Section 42(3))
Related remedies: trademark invalidation and rectification.
Protect your own registration
- Use the mark in Bangladesh for the registered goods
- Keep dated evidence of use every year
- Renew on time; renewal does not require proof of use but does not stop a Section 42 petition
- Record any assignment so use by the new owner counts
Non-use cancellation questions
How long must a mark be unused before it can be cancelled?
5 continuous years, or less if there was never a genuine intention to use it.
Does renewing protect an unused mark?
No. Renewal does not require use, but non-use can still be attacked.
Who can file the petition?
Any aggrieved person, such as a competitor.
Need help with a trademark dispute or filing?
SUPREMEiP® files, defends and cancels trademarks worldwide and in Bangladesh. Send us the details.
