The usage of a company or organization’s name or logo is also considered intellectual property. This is known as a trademark. A trademark is a unique name, logo, tagline, shape, symbol, word, or slogan that identifies a company or business product.
Once registered, these names, logos, and slogans cannot be used for commercial purposes by any other entity. Commonly, trademarks are used to claim ownership of specific products and to distinguish a band. It is illegal to trade or market a product trademark without the owner’s permission.
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Trademark Registration in Bangladesh:
Registration of a Trademark It is vital to register a trademark. For future ownership purposes, it is vital to register the trademark. In Bangladesh, if you want to register a trademark, you should hire a top law firm in Dhaka which has ample intellectual property resources and good team of lawyers.
The application for trademark registration must be submitted to the Registrar of the Bangladesh Patents, Designs, and Trademarks Department based on the type of product. There are application forms on the Department’s website. Currently, a new application form has been developed in Bengal. Application must be accompanied by the required application fee. However, you must first determine your product’s category according to the international classification of products and services.
There is an opportunity to determine in advance if any other mark is comparable to your current or proposed trademark. However, registration will not be possible if the mark is identical to another and the same name has been used previously. Courts cannot remedy trademark infringement unless the mark is registered. Hence the registration is that important, we suggest you to hire an elite law firm like Tahmidur Rahman Remura which is considered one of the best intellectual property law firms in Bangladesh.
How and when trademark infringement takes place:
When a person uses a distinctive or deceptively similar or comparable mark in relation to any products or services, while not being the registered owner or user, and the goods or services in question are similar to the trademark.
Infringement occurs when a person or organization, despite not being the registered owner or user, falsely or distinctively utilizes a trademark identical or similar to another registered trademark on its products or services.
Cases alleging trademark infringement
According to the Trademark Act of 2009, trademark infringement can be prosecuted if a registered trademark is copied. And a case of passing off (using another’s product under one’s own name) might be filed if an unregistered trademark is duplicated. These cases must be heard in the court of the district judge. A case can also be filed in the court of the First Class Judicial Magistrate or the Metropolitan Judicial Magistrate for the use of a fake trademark. The perpetrator may be imprisoned for a minimum of six months and a maximum of two years, or fined between 50,000 and 3,000,000 taka.
Aside from this, anything that is invented can be patented. In addition, a design can also be registered. The Directorate of Patents, Designs, and Trademarks can register it.
According to the Trademark Act of 2009 and the Penal Code of 1860, Bangladesh has civil and criminal remedies for trademark infringement.
Civil Remedies under Trademark Act 2009 in Bangladesh:
Under section 96 of the Trade Marks Act 2009, any person may file a lawsuit in the Court of District Judge for the infringement of any registered trade mark, any right in respect of the registered trade mark, any modified right in the registered trade mark, and any similar or deceptively similar trade mark, regardless of whether it is registered. This section outlines remedies for trademark infringement, both registered and unregistered. Regarding the provisions of Section 96, as well as injunctive relief, declaratory relief, and the recovery of damages, the case must be filed with the Court of the District Judge. In specific instances, such as de-registration (register book change) and cancellation of registration, a petition must be filed with the High Court Division.
However, legal notices can also be delivered by legal action attorneys, in which case a remedy (the cessation of the infringement) is available prior to the filing of a lawsuit. Prior to bringing a complaint, however, it is essential to undertake a covert investigation and collect evidence.
Filing of Prohibition Petition for Trademark Infringement:
Trademark Owner Against Illegal User; a) Temporary injunction and b) Can seek permanent injunction, but must demonstrate irreparable harm if permanent injunction is not granted.
If the trademark owner can demonstrate that his trademark has been used unfairly, he may seek compensation from the court, and if the court is satisfied, he may be awarded compensation.
CRIMINAL INFRACTIONS AND REMEDIES FOR TRADEMARK VIOLATION in Bangladesh: –
482, 483 and 485 of the Penal Code, Sections 482, 483 and 485 of the Penal Code relating to the use of false trade marks or trade descriptions, counterfeiting of trademarks, and possession of counterfeiting instruments, are punishable by imprisonment for a maximum of two years and a minimum of six months along with a maximum of two lakhs and a minimum of fifty thousand BDT in fines.
According to section 73 of the Trademark Act of 2009, anyone who falsely misrepresents a trademark, falsely uses the trademark in relation to any goods or services, possesses any instrument for the purpose of doing so, or assumes a false identity is subject to a minimum of six months and a maximum of two years in prison. With a minimum fine of fifty thousand rupees and a maximum fine of two lakhs. If the same offence is committed a second time, the maximum sentence is three years and the minimum is one, and the highest punishment is three lakh rupees and the lowest is fifty thousand rupees.
Sections 486 and 487 of the Penal Code, 1860, as well as section 74 of the Trade Marks Act, 2009, make it a crime to sell goods with a fraudulent mark or description, as well as to package one type of product in another’s packaging. Although the offence is identical, the punishment is distinct. The Trademark Act stipulates a maximum of 2 years and a minimum of 6 months in prison and a maximum of Rs 2 lakh and a minimum of Rs 50,000 in fines for a first offence, but the Penal Code stipulates up to 3 years in prison and a fine.
Other criminal penalties under the Trademark Act in Bangladesh:
Other criminal penalties under the Trademark Act of 2009 include violations of sections 76, 77, and 78. On written complaint by the Registrar or his authorized representative, the Magistrate may take cognizance of violations of these sections, such as promoting an unregistered trade mark as registered or entering or attempting to enter incorrect information in the registration book.
Under the Trademark Act of 2009, trademark registration is granted for the first seven years in Bangladesh. Subsequently, the trademark registration may be renewed indefinitely for 10 years.
Date limit for filing the lawsuit:
According to Section 86 of the Trademark Act, the complaint must be brought within three years after the offense’s commission or within two years of the plaintiff’s discovery of the facts (whichever is earlier). The Code of Criminal Procedure provisions apply to the Penal Code.
Barrister Tahmidur Rahman and Barrister Remura Mahbub from Tahmidur Rahman Remura offers services on Trademark Registration and other related matters. However, If you need any legal help or clarification about Trademark Registration Process in Bangladesh, please reach this elite law firm in Bangladesh at:
E-mail: [email protected]