BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
2.6 Related Rights In Bangladesh, trade marks and copyright represent distinct intellectual property rights. The following highlights key considerations regarding the nexus between trade marks, copyright and related rights in Bangladesh. Protection of Trade Marks and Copyright Trade marks, governed by the Trademarks Act, 2009, may extend protection to logos and artistic elements through copyright laws. Original logos meeting copy - For trade marks featuring surnames, the connection with moral rights laws in Bangladesh is indirect. Con - cerns primarily revolve around distinctiveness, con - sumer confusion and registration challenges. Limitations on Trade Mark Laws Based on Copyright or Related Rights Though overlap occurs, trade mark and copyright protection operate under distinct frameworks. Trade mark laws focus on distinctiveness, while copyright safeguards original works, including artistic ones. Pro - tection criteria differ, with trade marks emphasising distinctiveness and commercial use, while copyright requires originality and tangible fixation. Logos and trade mark elements often coexist, enabling compre - hensive brand identity protection. Practical Considerations Owners should consider both trade mark and copy - right registration for comprehensive protection. Legal actions may involve both trade mark and copyright laws for infringements. right criteria can enjoy dual protection. Interaction With Moral Rights Laws In summary, while Bangladesh recognises trade marks and copyrights as distinct, overlapping protec - tion exists for logos and artistic elements. Surnames in trade marks are primarily addressed under trade mark laws, with limited moral rights interaction. The coexistence of trade mark and copyright protection offers a holistic approach to safeguarding intellectual property rights.
• exclusive use – trade mark owners exclusively use their registered mark for the associated goods or services; • preventing unauthorised use – owners prevent third parties from using identical or confusingly similar marks, safeguarding the mark’s distinctiveness; • enforcement and legal remedies – owners can enforce rights through legal proceedings, seeking remedies such as injunctive relief, damages and costs; • assignment and licensing – owners can assign or license their marks, enabling specified use by other entities; • renewal and continued protection – rights persist throughout the mark’s term, subject to renewal under the Trademarks Act provisions; and • duration of trade mark rights – initially granted for seven years, trade mark rights can be indefinitely renewed in successive ten-year periods. 2.4 Use in Commerce In Bangladesh, establishing a trade mark’s use requires meeting specific requirements, demonstrat - ing its use in connection with goods or services. To prove use, one must show actual commercial use in Bangladesh, specifically tied to the registered or sought-for goods or services. Meeting the trade mark use requirements in Bangladesh necessitates dem - onstrating distinct and ongoing commercial use, indi - cating the mark’s origin in commercial transactions. Continuous and bona fide use underscores the mark’s ongoing significance. 2.5 Notices and Symbols There are no specific legal requirements for using sym - bols such as ® or the trade mark symbol to denote trade mark ownership. However, their usage is com - mon and holds practical value. Practical purposes served by these symbols include providing notice of registration status or asserting trade mark rights. The consequences of not providing notice are lim - ited in Bangladesh, but the use of symbols can be beneficial in legal proceedings and aid in establishing notice. Unlike in some jurisdictions, there is no legal presumption of notice due to the ® symbol in Bang - ladesh, subject to judicial interpretation.
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