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Trademarks Journal No. 275 Injunction against a local counterfeiter
Trade Marks

Trade Marks:

 

Legal basis: Trade Marks Act, 2009.


Membership of International Conventions: Paris Convention, Nice Agreement for the Classification of Goods and Services.

Definition: Trademarks are distinctive identifications for goods and /or services for commercial use.

Establishing trademark rights: Trademark rights may be established by registration or by use.
Marks which can establish trademarks rights: Trademarks may be any sort of visible signs suited to disinguish the goods or services of one party from the goods or services of others, such as: 1. words or word combinations, including slogans, personal names, names of enterprices or real property; 2. letters and numerals; 3. illustrations and drawings; 4. the apperance, equipment or packaging of goods. A trademark right cannot be acquired for a sign, which shows exclusively a shape that is dictated by the goods themselves, a shape that is necessary due to the technical role of the product, or which is intended in some manner for a purpose other than identification.

Classification: Multi-classification system is not applicable. A trademark can be registered for an entire class, its class heading, or by specification of goods and services. The classification is according to the Nice Agreement for the Classification of Goods and Services.

Priority: Convention trademark applications must be filed within six months from the date of the basic trademark application.

Use requirements: A trademark registration may be cancelled totally or partially upon challenge from a third party provided the mark has not been taken into use within five years from its registration or for a period of five years of non-use, unless there are due grounds for non-use.

Duration: Trademark rights of a registered trademark are established on the trademark application filing date and apply for seven years from the registration date.

Renewal: For a period of 10 years. Renewal requests can be filed during the period from six months before the registration period.
 
FILING REQUIREMENTS FOR TRADE MARK APPLICATIONS

1.    Description of the TRADEMARK and if it is a Logo/Device mark then 15 (fifteen) copies Label /logo for each of the application.


2.   Full Name, Street Address and Nationality of the applicant(s).


3.    Description of goods or service for which the mark is to be registered.


4.  Trading Style of the applicant ( i.e. it may be Manufacturer, Importer, Exporter, Traders, Supplier, wholesaler or Merchants etc.).


5.   The date of use of the Trademark in Bangladesh (if any), it may be used or proposed to be used also.

 

6. A duly executed Power of Attorney (Form TM-48). Please note that the POA need not to be legalized or notarized.


7.  In case of claiming priority, certified copy of the prior application as priority document should be submitted with the application or within 3(three) months from the date of filing of the application in Bangladesh.
 


 

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