An application for Trademark Registration can be filed in a proper manner for a particular class only to the Trademarks Registrar and achieving the application number.
Multi-class trademark requests cannot be filed. Request for a Trademark or a Priority Trademark Application maintains the priority from a meeting that can be filed in our country within 6 months from the precedence date.
Background of Trademark
A trademark is a pattern, a name or word, phrase, symbol, logo, image, representation, or a combination of those elements. It identifies the products’ source and distinguishes them from other products and other companies.
There is a range of non-conventional trademarks that compromise the marks. It doesn’t fall into the standard categories like depending on color, smell, and sound. The owner of a trademark registration can instigate legal procedure for the trademark contravention to remove illegal use of it.
A common-law trademark owner can file suit, but an unregistered mark can be protectable in the geographical area. It has been used in a geographical location that can be logically expected to enlarge. The term trademark is used informally to refer to any distinguishing attribute by which a particular is identified, like celebrities’ popular characteristics. While a trademark is used relative to service instead of products, it can be known as a marking service as in the USA.
Trademark in Bangladesh
A trademark, trade-mark, and then the brand is a different sign used to indicate the individual business, products, and organization. Those signs help the consumers identify which products or services with the trademark appear to originate from a unique source and help distinguish the products and services from other entities.
To indicate the trademark has been claimed company use one of the three signs:
- TM– using as a brand sign after a symbol alerts challengers that you have claimed this couch as your own, but you shouldn’t have even formally applied for it.
- ® – Only trademarks have been officially granted by the Trademark office that can be used the ® sign, and it stands for a registered trademark.
- ℠ – This is the service mark logo, and it mostly uses instead of TM for simplicity.
Who Can Apply?
Anyone who can claim to be the trademark owner can concern to the Registrar for the trademark registration. Whatever it is national or international, both types of owners have equal rights. But for the foreign applicants, there has a condition that they have to have a local agent.
They are allowed to use a trademark for many things that can be used to differentiate products, company, or business from others. They would apply for the trademark for:
- Business name
- Product name
- Logo or label
- Symbol and design
- Product package
Types of Trademark Application
A trademark application can be fully filled into two categories:
- Ordinary trademark Application
- Priority or Conventional trademark Application
- Multi-class Trademark Application
Ordinary Trademark Application
Ordinary applications can be filed without claiming any priority. This type of trademark application can be filed on the TM-1 form.
Priority or Conventional Application
A conventional trademark application has to be filed that needs six months on which this application was planned in convention state.
Multi-Class Trademark Application
Multi-class trademark applications can’t be filed in Bangladesh. A priority application claiming priority from the conventional country can be filed six months from the priority date. But it isn’t possible to register a descriptive trademark.
Some stages you should fill up as an applicant.
To register the trademark LAW in Bangladesh, you have to follow the below marks.
- Coined Words
- Combination of colors
- Shape of goods
As per the trademark act, three Dimensional marks can’t be registered. Similarly, smell or sound can’t be registered as a trademark.
Other Essential Requirements For Filling
A trademark application for registration needs the following facts:
- Name with Full Address: If the application is for a company, there is a need for the director or chairman of the signatory.
- Status of the applicant: If the applicant Manufacturer, service providers, or both.
- Mark or Logo: It describes if it is a mark or logo.
- Specification of services, products, and class
- Use Information: Use the data of the mark
- Prescribe fee
- Priority: There has a condition for priority applicants. In this respect, the applicant for trademark registration who wants to benefit himself from the priority of a previous application filed in a conventional country shall apply in six months of the last date application. Append to his application, and a written declaration specified the date plus the amount of previous application. Deliver a copy of the previous application certified the authority corrected that.
After filling an application, the Registrar needs to examine the trademark application for the distinctiveness or similarity with exiting applied trademarks and regular compliance with the LAW conditions.
If the Registrar is pleased, he issues an acceptance letter for the mark. On the contrary, if there got any issues or objections, he gives a refusal notice or non-smooth case.
If you can satisfy the examiner or stage-2, the mark can be published in the Trademark Journal and get the opposition purposes.
Where no opposition is resolved the identical in favor of the candidate, the Registrar submits a Certificate of Trademark Registration for particular years from the date of filing.
Getting Legal Help
Suppose you would like to give any questions about your ideas to meet the brand name protection criteria or assist in filing a federal trademark purpose. In that case, you wish to speak to an experienced trademark lawyer in your locale area.
For more data about trademarks and other intellectual property shapes like copyright and patents, you can visit “Expert IP Law Solution” and learn about state specification laws on our trademark page.