Subject to the provisions of this Part, the provisions of Part – I, Part – II and Part – V of these Rules shall apply to textile marks and certification trade marks in respect of non-textile goods.

The expression "textile mark" means a trade mark or a certification trade mark used or proposed to be used in relation to goods specified in rule 99 as "textile goods" for the purpose of Chapter IX of the Act.

The classes of goods to which Chapter IX of the Act shall apply and which are in the Act and these rules referred to as textile goods shall be classes 22 to 27 (inclusive) of the Fourth Schedule to these rules.

An application for the registration of trade mark consisting exclusively of a word or words (not being an invented word or invented words) relating to textile goods shall be made on form TM – 51.

Subject to the provisions or rule 102 an application for the registration of a trade mark consisting of letters or numerals or any combination thereof relating to textile goods shall be made on form TM – 52.

A separate application for the registration of a trade mark shall be made in respect of each of the items of textile goods mentioned in the Fifth Schedule to these rules where the mark consists exclusively of letters or numerals or any combination thereof. Such application shall be made on form TM – 53.

For the purposes of applications for the registration of trade marks consisting exclusively of letters, numerals or any combination thereof made on form TM – 53, the items of the Fifth Schedule to these rules shall be grouped as follows; and goods falling in each group shall be deemed to be goods of the same description and goods falling in different groups shall not be deemed to be goods of the same description.

Group 1 – Items 1, 4, 5, 8, 9, 10, 11, 12, 16, 19, 20, 22, 23, 24, 25, 26, 27, 30, 33, 36, 37, 39, 41, 42, 44, 45, 48, 49, 54, 55, 59, 61, 62, 65 and 91.

Group 2 – Items 2, 3, 14, 17, 18, 34, 35, and 47.

Group 3 – Items 6, 7, 21, 38 and 52.

Group 4 – Items 13, 29, 75, 77 and 78.

Group 5 – Items 15, 28, 31, 40, 60, 66, 79, 88, 90 and 93.

Group 6 – Items 32, 43, 64 and 94.

Group 7 – Items 46, 83 and 85.

Group 8 – Items 50, 51, 56, 57, 63, 76, 80, 84, 86, 87 and 89.

Group 9 – Item 53.

Group 10 – Items 58, 82 and 92.

Group 11 – Items 67, 68, 69, 70 and 71.

Group 12 – Item 72.

Group 13 – Item 73.

Group 14 – Item 74.

Group 15 – Item 81.

Where the registration of a trade mark in respect of textile goods has been refused, the applicant may file a request on form TM – 44 accompanied by the prescribed fee to enter the trade mark in the Refused Textile Marks list and thereupon particulars in reference to that refused mark shall be entered in the list.

105.    Continuance of a mark in the Refused Textile Marks List. –

A mark entered upon the Refused Textile Marks List in the manner aforesaid shall remain in that list for a period of seven years from the date of application to register, but it may be continued in the list beyond that period if the applicant for registration, or his successor in business pays the prescribed continuance fee at the Trade Marks Registry on form TM – 45.

1. before removing a mark from the Refused Textile Marks List for non-payment of the prescribed continuance fee the Registrar shall, at a date not more than six months but not less than three months prior to the date on which the removal of the mark would be due, give notice in writing that the mark will not be continued in the said list after a date to be specified in the notice unless the prescribed continuance fee is paid on or before the said date.
2. The notice mentioned in the foregoing sub-rule shall be addressed to the applicant at the address appearing in the Refused Textile Marks List. In case such notice is returned by the postal authorities the Registrar may, but without being under any obligation to do so, discover the changed address of the applicant if he be still in business, or of his successor in business, with a view to bring the notice to his attention.
   
   

An application for amendment of an entry relating to the name, address or description of the proprietor of refused mark entered in the Refused Textile Marks List, shall be made on form TM – 16. If the Registrar is satisfied that it would be just and proper to allow the amendment he may accept the application in which case entry shall be amended accordingly.

Upon receipt of an application for the registration of a trade mark or a certification trade mark relating to textile goods, the Registrar shall cause a search to be made among the registered trade marks and certification trade marks, the Refused Textile Marks List, and pending applications for registration, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark sought to be registered or so nearly resembling it as to render it likely to deceive or cause confusion and the Registrar may cause the search to be renewed at any time before the acceptance of the application.

109.    Application for registration, additional representation. –

Every application for the registration of a trade mark (other than a trade mark to which rule 100, 101 or 102 applies) relating to textile goods shall be made on form TM – 2 and shall be accompanied by six additional representations of the mark. The representations of the mark on the application and its duplicate and the additional representations shall correspond exactly with one another. The additional representations shall in all cases be noted with all such particulars as may from time to time be required by the Registrar. Such particulars shall, if required, be signed by the applicant.

CHAPTER – II. –
Rules under sub-section (2) of section 64

For the purposes of this Chapter, unless there is anything repugnant in the subject or context, -

1. "balanced numeral" means a trade mark consisting of either identical numerals or identical letters of not less than three nor more than seven digits;
2. "digit" includes a single letter;
3. "letter fraction" means a fraction containing one or more letters.

111.    Non-registrability of certain marks. – In respect of textile goods the following marks shall not be capable of registration, namely :-

1. any numeral of one digit or of more than six digits not being a balanced numeral;
2. a single letter or any combination of letters or more than six letters not being a balanced numeral;
3. any combination of numerals and letters of more than eight digits;
4. any fraction or letter fraction consisting of more than eight digits together;
5. any fraction or letter fraction having less than three digits together;
6. any combination of numerals and fractions or more than six digits;
7. any combination of numerals, letters, fractions and letter fractions either having more than eight digits or ending with a fraction of more than one digit in the numerator or in the denominator;
8. numerals or letters representing cloth dimensions;
9. a balanced numeral which does not consist of at least two more or two less digits than a balanced numeral of the same series already registered in the name of a different person in respect of the same goods or description of goods.

1. A trade mark consisting of numerals, letters, fractions, letter fractions, or any combination thereof, and not being a balanced numeral, shall not be capable of being registered as a textile mark if it does not differ from a trade mark registered in the name of a different person in respect of the same goods or description of goods :-
   1. in the case of numeral not exceeding four digits, in at least one corresponding digit;
   2. in the case of numeral of five digits, in at least two corresponding digits;
   3. in the case of numeral of six digits, in at least three corresponding digits;
   4. in the case of a combination of two letters, in at least one corresponding letter;
   5. in the case of combination of three or four letters, in at least two corresponding letters;
   6. in the case of a combination of five or six letters, in at least three corresponding letters;
   7. in the case of a mark consisting of one letter and one numeral digit, in at least one of them;
   8. in the case of mark consisting of one letter and two or three numeral digits, in at least one corresponding numeral digit;
   9. in the case of mark consisting of one letter and four or more numeral digits, in at least two corresponding digits;
   10. in the case of a mark consisting of two or more letters and one or more numeral digits, in at least one corresponding letter and one corresponding numeral digit;
   11. in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is three or four, in at least one corresponding digit from either the numerator or the denominator;
   12. in the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is five or more, in at least one corresponding digit in the numerator and one corresponding digit in the denominator or two corresponding digits in either the numerator or the denominator;
   13. in the case of a combination consisting of a numeral and a fraction in at least one corresponding numeral digit;
   14. in the case of a combination of letters, numerals, and fractions (including letter fractions) :
       1. where the total number of digits excluding the fraction is not more than three, in at least one corresponding digit;
       2. where the total number of digits, excluding the fraction, is four or more, in at least two corresponding digits.

2. Nothing in sub-rule (1) shall be construed to signify that where a trade mark does not come within the scope of any case specified in the said sub-rule, the mark shall necessarily be regarded as not being likely to deceive or to cause confusion.
   

In the case of a trade mark consisting of letters, numerals or any combination thereof which in respect of the same goods as those in relation to which registration is applied for, has been continuously used (either by the applicant for registration or by some predecessor in his business, and either in its original form or with additions or alterations not substantially effecting its identity) during the period from a date prior to the 25^th day of February, 1937, to the date of application for registration, the Registrar shall not refuse registration by reason only of the fact that the trade mark does not satisfy the conditions and restrictions laid down in clause (i) of rules 111 or in rule 112 and may register such mark on evidence or user.

CHAPTER III. – Advisory Committee

114.    Constitution. –

1. For the purpose of section 66, an Advisory Committee shall be constituted consisting of members appointed by the Central Government on the recommendation of the Associations specified in the Seventh Schedule to these rules.
2. The number of recommendations which the Associations will be entitled to make shall be those specified in the said Schedule :

   Provided that if within the period allowed by the Central Government for this purpose any of the said Associations fails to make any recommendation or to make the full number of recommendations which it is entitled to make, the Central Government may appoint the required number of members of the Advisory Committee of its own motion without any such recommendation.

3. The Central Government may appoint other persons versed in the usage of the textile trade as members of the Committee.
   
   

The tenure of office of each member shall be two years, but a retiring member shall be eligible for re-appointment at the end of his tenure:

Provided that a member may continue to hold office after the expiry of two years from his appointment until such time as he is re-appointed or another member is appointed in his place.

Whenever any member of the Advisory Committee ceases to reside in Bangladesh, or becomes incapable of acting as a member of the Advisory Committee, the Central Government may appoint another person to be a member in his stead, in accordance with the provision of rule 114.

Whenever it is considered expedient so to do, the Committee may co-opt one or more persons as its members for the purpose of any of its meetings :

Provided that any person co-opted as a member for the purpose of any meeting shall automatically cease to be a member after the termination of the said meeting.

1. The Advisory Committee shall elect two of its members as Chairman and Vice-Chairman respectively. When the Chairman or Vice-Chairman ceases to hold office, the vacancy shall be filled by re-election at the next meeting of the Advisory Committee.
2. The Advisory Committee shall also appoint a Secretary and deposit the name and address of the Secretary at the Trade Marks Registry.
3. The meetings of the Advisory Committee shall be convened by the Chairman at such time and place as he thinks fit.
   
   

Any question which the Advisory Committee is required to consider and advise upon may be referred for decision to the members of the Advisory Committee either as its meetings or by circulation of the papers:

Provided that any question referred by circulation of papers, shall on request of at least ten members of the Advisory Committee, be placed on the agenda of the next meeting of the Committee.

The Registrar shall send in writing to the Advisory Committee the facts relating to the case in which their advice is sought.

The advice sought by Registrar From the Advisory Committee shall be given by the Committee in writing within 21 days from the date of the receipt of the letter seeking advice, but the Registrar may extend the time at the request of the Advisory Committee.

122.    Further information. –

Where for the purpose of giving advice sought by the Registrar, the Committee requires further information, the Secretary may write to the Registrar and the required information shall be given by the Registrar in writing.

123.    Presiding at Meetings. –

The Chairman shall preside at every meeting at which he is present, and if he is absent, the Vice-Chairman shall preside over the meeting. In the absence of the Chairman and the Vice-Chairman, the members present shall elect one of their members to preside over the meeting.

124.    Decision by voting. –

Whenever the members of the Committee are divided in their opinion on any point at issue, the question shall be decided by a majority of the votes, and the voting shall be by show of hands. The Chairman may vote, and in the case of an equality of votes, shall have a casting vote.

125.    Record of meetings. –

The secretary shall maintain a record of all business transacted by the Advisory Committee. The Registrar shall be entitled to call for copies certified to be true by the Secretary of the record of the business transacted at any meeting.

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