Cancel or Invalidate a Trademark in Bangladesh

The short answer

In Bangladesh, cancelling a registered trademark is called a rectification case. Grounds include non-use for 5 years (Section 42) and wrongly registered entries (Section 51). It starts with Form TM-26 at the DPDT; the owner answers with a counter-statement on Form TM-06 within 2 months. The High Court Division also has jurisdiction.

TM-26

Rectification form

5 years

Non-use ground

Sec 51

Any time

2 months

Counter-statement

Grounds for cancellation or invalidation

Non-use for 5 continuous years from registration (Section 42)
No bona fide intention to use the mark
Conflict with earlier rights
Non-compliance with conditions entered on the register
Fraudulent or misleading information at registration
Invalid assignment or ownership records

Section 42 or Section 51?

	Section 42	Section 51
Basis	Non-use	Entry made or kept without sufficient cause
Time	5 continuous years of non-use	Any time after registration
Typical use	Third-party removal of an unused mark	False claims, bad faith, infringement, wrong ownership records
Who	Aggrieved person	Any person aggrieved; the Registrar may act on his own

Details on non-use: non-use cancellation.

How the process runs

File Form TM-26

The DPDT serves a copy on the registered owner

Counter-statement

2 months, Form TM-06

If the owner does not respond, the case proceeds without them

Evidence and hearing

Both sides file evidence; the DPDT decides after a hearing

Drafting matters. A weak, vague notice is often dismissed. State the legal grounds, the facts, earlier rights relied on, and the confusion or loss caused.