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Trademark 1

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27 views15 pages

Trademark 1

Uploaded by

Play. Games
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TRADEMARK

 A trademark, trade mark, or trade-mark is a distinctive


sign or indicator used by an individual, business
organization, or other legal entity to help consumers
identify that its products or services with which the
trademark appears originate from a unique source, and
to help distinguish its products or services from those
of other entities.
Background
 A trademark is typically a name, word, phrase, logo,
symbol, design, image, or a combination of these
elements. There is also a range of non-conventional
trademarks comprising marks which do not fall into
these standard categories, such as those based on
color, smell, or sound. The owner of a registered
trademark may initiate legal proceedings for
trademark infringement to prevent unauthorized use
of that trademark. However, registration is not
required.
 The owner of a common law trademark may also file
suit, but an unregistered mark may be protectable only
in the geographical area within which it has been used
or in geographical areas into which it may be
reasonably expected to expand. The term trademark is
also used informally to refer to any distinguishing
attribute by which an individual is readily identified,
such as the well-known characteristics of celebrities.
When a trademark is used in relation to services rather
than products, it may sometimes be called a service
mark, as in the United States.
Trademarks in Bangladesh may be
designated by the following symbols
 ™(for an unregistered trademark, but for which
application has been filed)

℠ (for an unregistered service mark, but for which


application has been filed)

® (for a registered trademark)


Trademark application
 Trademark application in Bangladesh can be filed
in two categories:
 (1) Ordinary Applications
(2) Convention Application (claiming priority from a
convention country)
 Priority or conventional trademark applications in
Bangladesh
 A priority trademark application should be filed in
Bangladesh within 6 months after the date on which
the application was made in the convention country.
Multi-class trademark applications
cannot be filed
 A trademark application in Bangladesh can be filed in
the prescribed manner for a single class only to the
Registrar of Trademarks and obtaining the application
number. Multi-class trademark applications cannot be
filed in Bangladesh. Application for a Trademark or a
Priority Trademark Application claiming priority from
a convention country can also be filed in Bangladesh
within 6 months from the priority date.
What can be registered as a
trademark in Bangladesh?
 Following marks can be registered as a Trademark in
Bangladesh under the Bangladesh Trademarks Law:-
• Names
• Invented / Coined Words
• Numerals
• Letters
• Devices
• Combination of colors
• Shape of goods
• Slogans
• Signature Image

As per the Bangladesh Trademarks Act, 3-D marks or


Three Dimensional marks cannot be registered in
Bangladesh, Similarly, Sound and Smell marks cannot
be registered as a trademark.
Who Can Apply?
 Anyone claiming to be the proprietor of a trademark
may apply to the Registrar for the registration of the
mark. Both National and foreigners have equal right
in this regard but a foreign applicant must be
represented by a local agent.
Filing Requirements
 An application for the registration of a trademark shall
include the followings:-

1. Name and full address of the Applicant, if the


applicant is a company the name and position (like
Director, Chairman) of the signatory also be required

2. Status of the applicant whether the applicant


Merchandisers/ Manufacturers/Service Providers or
both.
 3. Mark/Logo/Device prints or representation and
it's description whether it is word mark or device mark
or combined mark.
 4. Specification of Goods/Services and Class
5. Use date of the mark in Bangladesh (whether the
mark is in use or proposed to be used in Bangladesh).
6. POA (Original or Notarization or Legalization does
not require, only SCANNED copy is sufficient)
7. Prescribe fee
 8) Priority: There is a provision for priority application
in Bangladesh. In this respect the applicant for
registration of a trademark who desires to avail himself
of the priority of an earlier application filed in a
convention country shall, within 6 months of the date of
such earlier application, append to his application a
written declaration indicating the date and number of
the earlier application. Furnish a copy of the earlier
application certified as correct by the appropriate
authority of the country where such application was
filed earlier. Verified/ notarized English translation of
the priority document if priority document is in any
language other than English.

 Filing Cost of Trademark in Bangladesh
 Official fee with VAT and POA: BDT 4025 or USD
63 + Attorney fee

 Timeline
 Same Working day
Thank You

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