Trademarks Law in Bangladesh
Here’s an overview of Trademark Law in Bangladesh:
Trademark Law in Bangladesh
1. Legal Framework
Trademark protection in Bangladesh is governed by the Trademarks Act, 2009, which replaced the earlier Trademarks Act of 1940. This law modernizes trademark protection and aligns with international standards.
Bangladesh is a member of international agreements such as the Paris Convention for the Protection of Industrial Property and the Madrid Protocol, enabling international trademark registration and protection.
2. Definition of a Trademark
A trademark in Bangladesh is any visible sign capable of distinguishing the goods or services of one person from those of others, including:
Words, names, or letters
Logos, designs, or symbols
Numerals or shapes
Colours or combinations of colours
Sounds or holograms (under certain conditions)
3. Registration Process
Application: Applications are filed with the Department of Patents, Designs and Trademarks (DPDT).
Examination: The trademark office examines the application for compliance and checks for conflicts with existing marks.
Publication: Accepted marks are published in the Trademark Journal for opposition.
Opposition: Third parties have 3 months from publication to file oppositions.
Registration: If no opposition or opposition is resolved in favor, the trademark is registered and a certificate issued.
4. Duration and Renewal
Registration is valid for 7 years from the filing date.
It can be renewed indefinitely for periods of 10 years each upon payment of renewal fees.
5. Rights Conferred
Exclusive right to use the trademark in relation to the registered goods or services.
Right to prevent unauthorized use or infringement.
Right to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Trademark infringement occurs if there is unauthorized use causing confusion or deception.
Remedies include injunctions, damages, destruction of infringing goods, and accounts of profits.
Criminal penalties, including fines and imprisonment, may apply for willful infringement.
Customs authorities can act to prevent importation of counterfeit goods.
7. Well-Known Marks
Bangladesh provides special protection to well-known trademarks, including those not registered in Bangladesh, consistent with the Paris Convention and TRIPS Agreement.
8. International Treaties
Bangladesh is a party to:
The Paris Convention
The Madrid Protocol
The TRIPS Agreement
These treaties facilitate international protection and harmonization of trademark laws.
Summary
Bangladesh’s trademark law provides robust protection for trademarks through a formal registration system, lasting initially 7 years and renewable indefinitely for 10-year terms. The law provides strong enforcement measures and recognizes well-known marks, aligning with major international IP treaties.
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