BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
International Agreements The following international agreements apply in Bang - ladesh: • the Paris Convention on Industrial Property – as a signatory, Bangladesh provides advantages to foreign trade mark owners, ensuring equal rights; • the Berne Convention for the Protection of Liter - ary and Artistic Works – as a party to the Berne Convention, Bangladesh grants national treatment to foreign copyright holders; • the WIPO Copyright Treaty – Bangladesh’s commit - ment reinforces foreign copyright holders’ rights, addressing digital challenges; and • the WIPO Performances and Phonograms Treaty – similar to the WIPO Copyright Treaty, focusing on performers and producers, and providing protec - tion to foreign entities. 2. Trade Mark Ownership, Protection and Rights 2.1 Types of Trade Marks In Bangladesh, the legal system acknowledges and safeguards various trade mark and source identifier categories. Types of trade mark include: • service marks – the Trademarks Act covers both goods and services, allowing for the registration and protection of service marks; • design marks – visual appearance or ornamenta - tion of a product is eligible for trade mark protec - tion, covering product designs and packaging; • trade dress – the overall visual appearance, includ - ing packaging and presentation, is protectable under the Trademarks Act; • collective marks – indicating the collective origin of goods or services, used by members of an asso - ciation or group; • certification marks – used to certify characteristics or origin of goods or services; • geographic indicators – indicating the origin of goods or services from a specific location; • product marks (design and packaging) – eligible for trade mark protection;
• surnames as marks – allowed, provided they meet eligibility criteria; and • industrial designs – the Trademarks Act may pro - vide additional protection in cases where industrial designs overlap. A wide range of source identifiers can be registered and protected, including words, images, sounds, shapes and colours. Bangladesh lacks specific statutory protections beyond the Trademarks Act framework. However, it allows protection for well-known trade marks, pre - venting their use in unrelated classes. Bangladesh also recognises well-known or famous marks, even if not in use or registered, extending protection under the famous marks doctrine. 2.2 Essential Elements of Trade Mark Protection Elements necessary to qualify for trade mark protec - tion include: • use in commerce – essential for eligibility, the mark must be used in connection with goods or ser - vices; • distinctiveness – the mark must be distinctive for consumer differentiation; and • registration – while not mandatory, registration offers legal benefits and presumption of validity. Marks lacking inherent distinctiveness may acquire it through extensive use. To prove acquired distinctive - ness or secondary meaning, there must be: • evidence of substantial and continuous use in commerce; • consumer surveys demonstrating association with a specific source; • length and exclusivity of use; • advertising and promotional activities; • market recognition; and • competitor use and attempts to copy the mark. 2.3 Trade Mark Rights In Bangladesh, trade mark owners enjoy specific rights as stipulated by statute, primarily governed by the Trademarks Act. The key rights encompass:
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