Trademark Infringement: An Overview

What is Trademark Infringement?

Trademark infringement occurs when a person or entity uses a trademark that is identical or confusingly similar to a registered trademark without permission. This can lead to consumer confusion about the source of goods or services.

Why is Trademark Registration Important?

1. Protection of Brand Identity: It helps safeguard your brand name and logo from unauthorized use.
2. Legal Rights: Trademark registration grants you exclusive rights to use the mark in relation to the goods/services it covers.
3. Consumer Trust: Registered trademarks enhance consumer trust by assuring them of consistent quality.
4. Market Value: A strong trademark can significantly increase the commercial value of your business.

Trademark Law in Bangladesh

In Bangladesh, trademark registration is governed by the Trademarks Act of 2009. Key features include:

• Duration: A registered trademark is valid for ten years and can be renewed indefinitely.
• Eligibility: Marks must be distinctive and not deceptive or confusing.
• Application Process: Involves filing an application with the Department of Patents, Designs, and Trademarks (DPDT).

Benefits of Trademark Registration

1. Legal Protection: Provides a legal framework to protect your brand against infringement.
2. Exclusive Rights: Grants the owner the exclusive right to use the mark in commerce.
3. Easier Enforcement: Facilitates legal action against infringers.
4. Brand Recognition: Enhances brand recognition and loyalty among consumers.

Risks of Not Registering a Trademark

1. Loss of Rights: You may lose the ability to claim rights over your brand if not registered.
2. Infringement Issues: Others can legally use a similar mark, leading to market confusion.
3. Limited Legal Recourse: Unregistered marks have weaker legal standing in disputes.
4. Damage to Reputation: Unauthorized use of your brand can damage your reputation and consumer trust.

Importance of Trademark Registration

• Encourages Investment: Businesses are more likely to invest in a brand that is legally protected.
• Facilitates Growth: A registered trademark supports business expansion and licensing opportunities.

History of Trademark Registration

The concept of trademarks dates back to ancient times when craftsmen marked their goods. Modern trademark laws began to take shape in the 19th century, with many countries establishing formal trademark registration systems, including Bangladesh's Trademarks Act of 2009.

Our Services for Trademark Registration

We offer a full range of services for trademark registration, including:

1. Consultation: Evaluating the registrability of your trademark.
2. Application Preparation: Drafting and submitting your trademark application.
3. Monitoring: Keeping an eye on potential infringements and assisting with enforcement.

Cost and Timeframes

• Costs: Generally range from BDT 15,000 to 40,000, depending on the complexity and classes of goods/services.
• Duration: The trademark registration process typically takes 6 to 12 months, depending on any objections or delays.

Why Choose Us?

• Expert Guidance: Our team has in-depth knowledge of trademark laws and the registration process.
• Tailored Solutions: We provide customized services to meet your specific business needs.
• High Success Rate: We have a strong track record of successful trademark registrations.

Securing your trademark not only protects your brand but also enhances your business's credibility and market position. Let us help you navigate the registration process efficiently!