BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
logos, slogans) distinguishing goods or services. Cop - yright and trade mark laws typically operate indepen - dently. However, legal considerations arise when both protections relate to a specific subject. Specific Considerations Trade dress, involving a product’s visual appearance or packaging, may encompass elements protectable by both copyright and trade mark. Logos, artistic works and commerce’s creative elements can receive copyright protection and function as trade marks identifying the source. Owners may strategically co- ordinate copyright and trade mark rights for compre - hensive protection, such as trade mark registration for a brand name alongside copyright protection for artistic elements. Differences Between Trade Marks and Copyrights Copyright and trade mark laws operate within distinct legal frameworks, focusing on expression protection and preventing marketplace confusion, respectively. It should also be noted that copyright protection arises automatically, while trade mark protection necessi - tates registration and commercial use. The enforce - ment mechanisms for copyright and trade mark infringement differ, prompting separate legal actions for each type of infringement. In Bangladesh, the acquisition of trade mark rights is tied to the formal registration process. It is necessary to file a trade mark application for registration to use the mark in public and obtain legal protection. The following are the key points for trade mark registration. • Formal requirement for use – to establish and enforce trade mark rights, filing a trade mark appli - cation with the relevant authorities is a crucial step. • Public notice through registration – trade mark registration serves as public notice of the owner’s exclusive rights to the mark and signals to the public and potential competitors that the mark is claimed and protected. 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
• Nationwide protection – the formal registration of a trade mark in Bangladesh provides the owner with nationwide protection, allowing them to enforce their rights across the entire country, even in areas where the mark has not been used. • Use of the ® symbol – registered trade mark own - ers in Bangladesh can use the ® symbol with their mark to indicate formal registration. Different standards for registration include the follow - ing. • Trade mark registration typically requires the mark to be distinctive, capable of distinguishing the goods or services of the owner. • Marks that lack inherent distinctiveness may need to demonstrate acquired distinctiveness or sec - ondary meaning. This may be required for regis - tration, especially for descriptive terms that have gained recognition through use. • The registration of trade dress, including product configurations, may be necessary for certain types of trade dress, particularly if they are not inherently distinctive. 4.2 Trade Mark Register Bangladesh has a Trade Marks Registry, and it main - tains a register of trade marks. This registry is respon - sible for receiving and processing trade mark applica - tions, examining their registrability, and maintaining records of registered trade marks. Access to specific information about registered trade marks may require direct communication with the Bangladesh Trade Marks Registry or a visit to its office. There are no specific distinctions between principal and supple - mental registers. It is common and advisable to conduct a thorough search for prior trade marks before applying for reg - istration. Direct inquiries with the Bangladesh Trade Marks Registry can provide information on registered
trade marks in the country. 4.3 Term of Registration
The initial term of trade mark registration in Bangla - desh is seven years from the date of filing and ten years thereafter. Trade mark owners have the option
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