DeltaMark IP

Trademark: Meaning and Legal Scope in Bangladesh

A trademark is a symbol or sign generally used to identify a particular product and to indicate its commercial source. It may consist of a combination of words, phrases, symbols, logos, designs, images, or devices, used by an individual, legal entity, or business organization to distinguish its goods or services from those of others.

Under the Trade Mark Act, 2009, a trademark means:

A registered trademark, or

A mark used or proposed to be used in relation to goods or services,

Which indicates a connection, in the course of trade, between the goods or services and the person having the right to use the mark, either as proprietor or registered user.

In Bangladesh, the term trademark also includes service marks.

Because service marks are similar in nature to trademarks, the same legal criteria generally apply to both. In many jurisdictions, including Bangladesh, service mark protection has been incorporated into trademark law through limited legislative adaptation, applying trademark provisions mutatis mutandis to service marks.

A registered trademark or service mark owner in Bangladesh enjoys exclusive rights over the mark. These rights include the ability to:

Use the mark in relation to goods or services

Prevent others from using the mark without consent

Initiate legal action against unauthorized use or infringement

Authorize use of the mark by others through licensing

Assign or transfer ownership of the mark to another person or entity

Trademark protection therefore plays a crucial role in safeguarding brand identity, commercial goodwill, and consumer confidence.