The most valuable asset of your business is your brand. It is important to protect the market in the competitive market of Bangladesh. Violation of a trademark can hurt your reputation and turnover. This happens when other people utilize your brand name or logo without seeking your permission. An early legal action is the key to defense. This is a guide on how to protect your trademark rights and ensure that unauthorized use does not take place.
Legal Advice BD is here to let you know how to protect your company from trademark infringement in Bangladesh! Keep reading!
Understanding Trademark Laws in Bangladesh
What is a Trademark?
Your brand is a trademark. It can be a name, logo, or slogan. It makes your products stand out. Your trademark is known to the customers as your business. It reflects your reputation and the quality of the company.
Registration Process
You need to make registration of your trademark with the Department of Patents, Designs, and Trademarks. Start with, do a search so that you know that your mark is not used. Next, submit an application in the form of a fee. This is done through examination, publication, and registration. It is normally completed in 12-18 months.
Legal Protection
Registration gives you the unique privilege of using your mark. It allows you to sue offenders. The initial coverage is 7 years. You are allowed to renew the same after every 10 years. The unregistered marks have very little protection under the common law.
Enforcement Rights
In case a person uses your registered trademark and you have not authorized him or her to do so, you can sue him. The court is able to prevent the violation and pay damages. Reports on counterfeit products may also be made to the police. Customs authorities can assist in preventing imported products that infringe on your rights.
Steps to Register Your Trademark Legally
Conduct a Trademark Search
First, make sure that your brand name or logo is free. Check the database of the Department of Patents, Designs, and Trademarks. This is a surety that your trademark is special. It assists in the prevention of rejection due to similarity with existing marks.
Prepare Your Application
Gather all the documents needed. You must have vivid pictures of your trademark. Present your business information and identities. To hire an attorney, one would require a power of attorney. Make sure that there is no wrong information.
File the Application
File your application to the trademark office. You may make online filings or physically. Make the necessary payments to the government. You get an official receipt of your application number. This figure monitors the status of your application.
Examination Stage
Your application is reviewed by a trademark examiner. They ensure that there is law compliance. They can either protest or demand clarification. These are to be answered during the stipulated time. It can be a process that lasts a number of months.
Publication in a Journal
Your trademark is registered in the Trademark Journal, provided it is approved. This enables the citizens to see it. Any person may take action to resist your registration within two months. In case no opposition is made, your application is carried through.
Registration Certificate
Once it has been successfully published, you are issued your registration certificate. This paper certifies your ownership rights. Your trademark has become seven years old. You may renew it after every ten years.
All this involves taking time and attention to detail. It is a good idea to hire a trademark attorney. They can sail through the legal requirements effectively. This means that your brand is accorded due legal protection.
Monitoring and Enforcing Your Trademark Rights
The process of trademark registration is not the only step. You must actively protect it.
Regular Monitoring
See the Trademark Journal for new applications. Find the similarities in your marks. Keep track of the market and internet sites. Be aware of imitated goods. Create Google alerts for your brand name.
Act Against Infringement
In the event that you discover infringement, be fast. First, deliver a cease and desist letter. This tends to eliminate the problem. Otherwise, complain to the trademark office. You may also sue in court.
Record with Customs
Register your brand name with the customs. This will assist them in blocking the fake imports. It offers a significant level of defense.
Maintain Your Registration
Use your trademark at all times. Renew it on time. Keep records of your use. This keeps you under the protection of the law.
Regular check-ups and immediate response are necessary. They safeguard the value and reputation of your brand.
Legal Actions to Take Against Trademark Infringement
Cease and Desist Letter
Begin by issuing an official legal notice. This requires the infringer to cease the use of your mark. A lot of cases do not need to be taken to court.
Administrative Complaint
Register a complaint with the Registrar of Trademarks. They can revoke the registration that is infringing. This is a less expensive and quicker process than the court.
Civil Lawsuit
Petition in the District Court. To prevent the infringement, you may apply for an injunction. Monetary damages to your losses can also be granted by the court.
Criminal Complaint
Report to the police about the violation. In Bangladesh, trademark infringement is criminal. Police can raid premises and confiscate fake goods.
Border Protection
Take registration of the trademark with the customs authorities. They will be tracking imports and preventing fake products at frontiers.
Respond urgently to infringement. Stalling is a way of undermining your case. The most appropriate strategy is to consult with a trademark lawyer.
Learn How to File a Case in Bangladesh with step-by-step guidance on legal procedures, necessary documents, and tips for a smooth court process.
Conclusion
The process of guarding your trademark is continuous. It is important to monitor and prosecute quickly. Your greatest defense is a registered trademark. It gives a legal authority to prevent duplicators. The protection of trademarks will preserve the future of your brand. Make sure that your business is special and trusted in the market. Start building your brand today!
Hopefully, you understood how to protect your company from trademark infringement in Bangladesh! For further support, feel free to reach out to Legal Advice BD!