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.
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)
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.
|Relevant Office||Department of Patents, Designs and Trademarks|
|Law in Force||Trade Marks Act, 2009|
|Nice Classification||Yes (Ninth Edition)|
|Multi- Class System||No|
|Documents required for filing a trade mark application||Simply executed Power of Attorney|
|Prosecution Process||Filing of trade mark application Examination report Advertisement of mark in the trade marks journalOpposition, if any, within a period of three months from the date of advertisementRegistration of the mark if no opposition is filed or is set asideIssuance of Registration Certificate|
|Registration Term||7 years from the date of application|
|Renewal Term||10 years from the date of previous registration|
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