Trademark Infringement in Bangladesh: A Legal and Practical Perspective

Trademark Infringement in Bangladesh: A Legal and Practical Perspective

A.J.M. Nur-E-Alam

Assistant Professor, Department of Law, North Bengal International University, Rajshahi

DOI: https://dx.doi.org/10.47772/IJRISS.2025.906000105

Received: 26 May 2025; Accepted: 31 May 2025; Published: 02 July 2025

ABSTRACT

Trademark is one kind of intellectual property;  It is a private right.  Infringement is an unauthorized use of a registered trademark. Without the consent or authorization of the owner if any one uses the registered mark commits infringement.  Further use of a similar mark to the registered mark does also constitute infringement of the registered mark. In our Bangladesh infringement of trademark is a very common phenomenon. But due to lack of proper enforcement of trademark law this infringement is increasing in an alarming rate.  Eradication of trademark infringement is now one of the major challenges for our govt. Due to administrative inefficiency, lack of awareness of the people and very old rules (Trademark Rules, 1963), it is tough to implement the present law (Trademarks Act, 2009) and to ensure exclusive protection to the trade mark proprietors.  By removing the present problems, we can ensure our trademark system immune from any sorts of possible infringement and can make our trademark protection system better.

Keywords: Trademark Infringement, Intellectual Property Law, Legal Framework, Brand Protection, Intellectual Property Rights (IPR), Judicial Remedies

INTRODUCTION

A   trademark is   any   sign   that   individualizes the   goods   of   a   given   enterprise and distinguishes them from the goods of its competitors. Trademark infringement is the use by another of the same or a similar mark that violates the prior trademark rights of another in the jurisdiction where such use occurs.

Infringement is an unauthorized use of a registered trademark. Without the consent or authorization of the owner if any one uses the registered mark commits infringement. A successful infringement action leads to prohibition of the use of the confusingly similar mark.

In our country we see the frequent infringement of trademark and not it is increasing in an alarming rate. Though there is a trademark act 2009 in our country but its not prove effective to prevent the trademark infringement. Lack of strong mechanism in law this infringement is increasing day by day. Our trademark law yet not maintain the international protection standard against infringement. Still damages are difficult to prove in trademark infringement cases in practice.

So the prevention and eradication of trademark infringement is a major challenge for our govt. Time-befitting steps are urgent need in this regard. The govt. has to put optimum effort to protect the trademarks from all sorts of infringement.

Objectives

The central focus of the study is to discover the real scenario of huge infringement of trademark in Bangladesh and to find out the ways of prevention of that serious frequent infringement. However, the followings are the other major objectives of this study:

• To find out the causes of trademark infringement in Bangladesh
• To identify different problems regarding protection of trademark
• To exam the application and scope of trademark law to protect infringement
• To find out the ways of prevention of infringement of trademark
• To focus the ways of development of existing trademark protection mechanism
• To find out the possible steps to meet the infringement prevention challenge.

METHODOLOGY

During my proposed research topics work I will follow both qualitative and quantitative method. Blending of Qualitative and Quantitative method will be proved very helpful to get a fruitful output from the research.

So in my study I also apply these two methods. Through analytical method I try to find out the ways of prevention of infringement of trademarks. I also follow deep observation method to discover the real scenario of infringement of trademark in Bangladesh.

Beside this I also try to follow the statistical method to assess the rate of infringement of trademark in our country.

Conceptual Framework

This framework outlines the key legal, institutional, and practical components that define and influence trademark infringement in Bangladesh. It integrates the theoretical foundations, legal instruments, and enforcement mechanisms, along with the practical realities faced by stakeholders in protecting trademark rights.

Meaning Of Trademark

Trademark  is  a  symbol  or  sign  which  indicates  the  source  of  goods;  it  distinguishes  the  goods  or services  of  one  entrepreneur  from  another. It is a visual symbol in the form of a word, a device or a label applied to articles of commerce with a view to indicate to the purchasing public that they are the goods manufactured or otherwise dealt in by a particular person as distinguished from similar goods manufactured or dealt in by other persons.

Trademark means a distinctive mark, motto, device, or emblem, which a manufacturer stamps, prints, or otherwise affixes to the goods he produces, so that they may be identified in the market, and their origin be vouched for.

According to Oxford dictionary,

Trademark means a  symbol, word, or words legally registered or established by use as representing a company or product.

Under the Trade Mark Act, 2009, “Trademark” means a registered trade mark or a mark used in relation to goods or service or a mark used or proposed to be used in relation to any service or goods indicating a connection in the course of trade between the goods and the person having the right, either  as  proprietor  or  as  registered  user,  to  use  the  mark

A trademark is any “thing” that helps a consumer distinguish between one company’s products and another company’s products. The “thing” may be a word or other device such as a phrase, logo, sound, or package design; as long as it is used as a way of identifying for the consumer that one brand is different from another. It is not necessary that the consumer be able to identify the specific manufacturer. Rather, the mark need merely to communicate to consumers that the goods or services bearing the mark come from a unique source, distinguishable from all the other sources for those goods or services.

Salient Features Of Trademark

If we analyze the definition of trademark which is given under the trademarks Act 1999 some features of trade mark is pointed out, these are:

• Trade mark must be a mark which includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of  colours or any combination thereof.
• The mark must be capable of being represented graphically.
• It must be capable of distinguishing the goods or services of one person from those of others
• It may include shape of goods, their packaging and combination of colours.
• It must be used or proposed to be used in relation to goods and service
• The use must be for the purpose of indicating a connection in the course of trade between the goods or service and some person having their right as proprietor to use the mark

Functions Of Trademark

A trademark performs basically following four functions-

Distinguish one’s goods from those of another

• Allow consumers to distinguish my goods from another’s by affixing a trademark to the goods.

Indicate the origin

• Inform consumers that products with the same trademark originate from the same source.

Guarantee quality

• Guarantee consumers that all products with the same trademark have the same quality.

Advertising

• Remind consumers of the goods associated with a trademark as a promotional method in commercial transactions.
• It also creates an image for the product in the minds of the public, particularly consumers of such goods.

Classification and Requirement for Good Trademarks

Classification of Trademark

Trademark can be classified on various categories according to their nature and variety of quality. Basically followings are the notable types of trademarks:

Collective trademark

A collective trademark, collective trade mark, or collective mark is a trademark owned by an organization such as an association, used by its members to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization.

“Collective mark” means any visible sign designated as such in the application for registration, which⎯

• is capable of distinguishing the origin or any other common characteristic, including the quality, of goods or services of different enterprises; b) is used by different enterprises under the control of the registered owner of the collective mark; and (c) is used in respect of goods or services by a group of individuals collectively engaged in the same business as one legal entity.

Certification trademarks:

A certification mark is a sign certifying that the goods or services in respect of which it is used are of a particular origin, material, mode of manufacture, quality, accuracy, performance, or other characteristic.

“Certification trademark” means a mark adapted in relation to any goods or services which distinguishes, in the course of trade, the goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic from the goods not so certified and which is capable of being registered

A collective mark  may be owned by an association which itself does  not  use the  collective mark but whose  members may use the collective mark; the members may use the collective mark if they  comply with the  requirements fixed in the  regulations concerning the  use  of  the  collective mark.   An enterprise entitled to use the collective mark may in addition also use its own trademark.

Service Marks

“Services” means services rendered for money or money’s worth in the course of trade or business, but does not include goods. A “service mark” refers to a mark used by the owner of a service business (advertisement, communication, banking, transportation, restaurant, etc.) to distinguish his/her service business from that of others.

Characteristics of Good Trademarks

• It must be easy to pronounce and remember, if the mark is a word;
• It must be easy to spell correctly and write legibly;
• It should not be descriptive but may be suggestive of the quality of the goods;
• It should be short;
• It should appeal to the eye as well as to the ear;
• It should satisfy the requirements of registration;
• It should not belong to the class of marks prohibited for registration.

Trademark Infringement

Trademark Infringement means using a registered trademark without the consent of its registered proprietor. It is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees provided that such authorization was within the scope of the license.

Section 26(1) of the Trademark Act, 2009 defines infringement as “if a person, not being registered proprietor or user, uses any distinctive or deceptively similar trademark in relation to goods or service in his own trade, it will be considered that he has infringed a registered trademark.

Trademark infringement is the use by another of the same or a similar mark that violates the prior trademark rights of another in the jurisdiction where such use occurs. The legal definition of infringement varies from one jurisdiction to another.

The most common standards for infringement are: (a) close similarity of a mark and its associated goods and/or services to a prior mark and its associated goods and/or services; or (b) use of a mark that creates a likelihood of confusion with a prior mark among the relevant consumers. Trademark law in some jurisdictions incorporates both concepts.

Circumstances of Trademark Infringement

As per section 26 of the Trademark Act, 2009 following are the circumstances under which a person is deemed to have infringed a registered trademark:

• Where a person  uses  a  trademark  which  is identical  or  similar to  the  registered trademark  used  in the course of trade for the similar goods or services not being a „registered proprietor or permitted user and cause confusion on the part of the public. For example, an application to register “Gluvita” as a trademark for biscuit was refused, because similar trademark “Glucovita” is being used for glucose powder by another registered use.
• Where the registered  trade  mark  is  used  in the  course  of  trade  for  the  goods  or  services  which are not similar, but has reputation in Bangladesh and the use of the mark by the person without due cause, takes unfair advantage of or is detrimental to the distinctive character or repute of the registered trade mark.
• Where a person who is not being duly authorized by the registered proprietor or a registered user uses the trade mark on a material intended to be used, for labeling or package in goods, as business papers or for advertising goods or services.
• Where a person not being a registered proprietor or permitted user uses a registered well-known trademark for the identical or similar goods or services for which the mark has been registered.
• Where a  person  not  being  a  registered  proprietor or  permitted  user  uses  a  registered  well-known trademark for the goods or services not being identical with or similar to those in respect of which the mark has been registered, by using of the mark in relation to those goods  or services, would indicate a connection between those goods or services and the owner of the registered well-known mark and that the interests of the owner of the registered well -known mark are likely to be damaged by such use.

Essential Elements and Burden of Proof of Infringement

Essential Element of Trademark Infringement

• The taking of any essential feature of the mark or taking the whole of the mark and then making a few additions and alterations would constitute infringement.
• The infringing mark must be used in the course of trade
• The use of the infringing mark must be printed or usual representation of the mark in advertisements, invoices or bills. Any oral use of the trademark is not infringement.

Burden of Proof of Infringement

It is well-settled that the plaintiff must prove that the essential features of his registered mark have been copied. The onus to prove deception is on the part of the plaintiff who alleges infringement. A mark is said to be infringed by another trader if even without using the whole of it, the latter uses ne or more of its essential features. The identification of an essential feature depends partly on the courts own judgement and partly on the burden of the evidence that is placed before it.

Remedies Against Trademark Infringement

The Trademarks Act states that infringement suits must be instituted before the appropriate District Court having jurisdiction.  In  the  case  of  infringement  suits,  the  trademark  must  be  registered  in  Bangladesh  as  per  Section 24(1) of the Act. The Act also provides for actions for unregistered trademarks. The period of limitation for filing a suit  for  infringement  of  a  trade  mark  is  three  years  from  the  date  of  infringement.  The relief which a court may grant in any suit for infringement and passing off is:

• An injunction restraining further use of the infringing mark, and
• Damages or an account of profits, and
• An order for delivery of infringing labels and marks for destruction or erasure.

Although civil remedies are available for both registered and unregistered trademarks, it can be extremely difficult to prove misuse and obtain relief for unregistered trademarks.    However, the following are criminal offences punishable under the Act, 2009:

• Applying a false trademark so as to mislead consumers about the origin of the goods;
• Counterfeiting a trademark without assent of the proprietor of the trademark;
• Making or possessing any instrument for the purposing of counterfeiting a trademark;
• Applying any false trade description to goods or services;
• Applying false  indication  of  country  to  goods  or  services  as  regards  the  place  of  production  or  manufacture  of them; And
• Selling, or  exposing  or  possessing  for  sale  or  any  purpose  of  trade  or  manufacture  any  goods  bearing  a  false trade mark or description.

The  punishment  for  above­mentioned  offences  is  imprisonment  for  up  to  two  years  but  not  less  than  six  months or  a  fine  up  to  Taka  2,00,000  but  not  less  than  Tk  50,000,  or  both  and  for  a  second  or  subsequent  conviction, imprisonment  up  to  three  years  but  not  less  than  one  year  or  fine  up  to  Taka  3,00,000  but  not  less  than  Tk 1,00,000, or both. The courts also have the power to set the prison term and the amount of any fine. All the above mentioned offences shall be trial by the Metropolitan Magistrate or Magistrate of the first class.

Trademark Piracy And Counterfeiting

Trademark Piracy

Trademark piracy means the registration or use of a generally well-known foreign trademark that is not registered in the country or is invalid as a result of non-use.

The Paris Convention provides in its Article 6bis that a well-known trademark must be protected even if it is not registered in the country.   Article 6bis is restricted to identical and similar goods, however.  Often well-known trademarks are used by pirates on totally different goods, or for services.   Furthermore, courts  sometimes require  a trademark to be well-known in the  country where  piracy is discovered,  and deny protection, even if the true owner  of the trademark can prove that   it  is  internationally  well-known  in  a  considerable  number  of  other   countries.    Improved protection against trademark piracy is therefore needed.    The Joint Recommendation Concerning Provisions  of  the   Protection  of  Well-Known  Marks  which  was  adopted by  the  WIPO  General Assembly and  the  Assembly of the  Paris Union in September 1999  provides some  guidance in this respect.

Counterfeiting

The term “counterfeiting” is commonly used to refer to a broad range of intellectual property (IP) rights infringements, including both trademark and copyright infringements. Technically, “counterfeiting” refers only to cases of trademark infringement, whereas “pirating” refers to copyright infringement. Often, different types of IP rights infringements overlap. For example, music piracy infringes copyright as well as trademark protection. Fake toys are often sold under a different name but infringe the design protection of the toy.

Counterfeiting is first of all the limitation of a product.  The counterfeit is not only identical in the generic sense of the term.    It also gives the impression of being the genuine product (for instance a LOUIS VUITTON bag), originating from the genuine manufacturer or trader.

The offering of such a counterfeit product is only meaningful, of course, if the genuine product is known to the consumer.  Consequently, counterfeit goods often belong to the category of luxury goods and bear a well-known trademark.   In fact,  however, this  is only a coincidence: counterfeit  goods   can  just  as  well  be  mass-consumption  goods,   or  goods   not   sold  under   a trademark but protected by other  intellectual  property  rights such as copyright or design protection. They can also be known to a small group of specialized consumers only, such as brakes to be used for cars, or aircraft, or pesticides known to clients in agriculture.  These examples show at the same time how dangerous the use of counterfeit goods can be – a whole year’s crop in a large part of Africa was once destroyed by the use of a counterfeit pesticide.

Some   very  typical  and   widely-known  examples  of  counterfeit  goods,   have   been,   for example,  the  false LOUIS VUITTON bags,  the  false ROLEX, CARTIER and  other  luxury watches, the false PUMA and  REEBOK sports  shoes,  the  false LACOSTE sports  shirts and so on.   Worldwide sales of some   counterfeit products may exceed   those   of the   genuine products.    This  shows   that counterfeiting  is  an  economic  phenomenon of  worldwide  importance,  which  can  represent an alarming percentage of world  trade.    Indeed, it is important to recognize that counterfeiting is an economic   crime, comparable to theft.     Counterfeiters  not  only  deceive  the  consumer  but  also damage the  reputation of the  genuine manufacturer, apart  from which  they do not  pay taxes and other  duties  to the State.

Legal Protection Against Counterfeiting

Although it is not a condition and not always the case, counterfeit goods generally bear a trademark.  This has the advantage of making  counterfeiting actionable as trademark infringement, which  is generally  easier  than  fighting  against  infringement of  other  intellectual  property  rights, which  may  also  be  involved.    However,   since counter-feiting is an economically serious   and important problem, the remedies specified in trademark laws are often not sufficient to serve as an effective deterrent.  This is a problem that concerns three areas of law enforcement, all of which are essential if counterfeiting is to be successfully combated.

Laws must provide for severe criminal sanctions, including imprisonment.  Most trademark laws provide for criminal sanctions for trademark infringement, but they were often enacted long ago and are no longer realistic.  Counterfeiters pay fines, and imprisonment is rarely ordered.

Rapid, far-reaching remedies are necessary.  Counterfeiters do not  operate from  a normal business  address, and  in the  event  of  prosecution are  difficult  to  trace.  Often they can only be found after a long and thorough investigation.

Barriers To Implement Trademark Laws In Bangladesh

At present the use of illegal Trademark is a common matter in Bangladesh. In this regard the proprietor have to face huge difficulties, because as a manufacturer he produce his goods with his intellectuals and hard labor but other people violates his rights without his permission and reproduce same goods and become benefited. For this reason it is necessary to implement Trademark Law. But in Bangladesh a lot of difficulties here. These ares-

Ignorance of Law

Ignorance of Law is a common problem in the context of our country. Though it is not a countable excuse in the eye of Law. But it is very much true that general people are ignorance of Law. So ignorance of Law is one of the most important barriers to implement any kind of Law.

Lack of Education

Lack of education is another barrier to implement Trademark Law in Bangladesh. The rural areas some businessman use confiding mark like as “Rata”, “Bada”. This kind of people have no idea about Trademark related existing Laws.

Absence of Proper Execution of Law

At present Trademark related Laws are exiting in Bangladesh but in true sense proper execution of those Laws is not up to the desired level.

Lack of Public awareness

In most of the cases, general people are not aware about their rights. As a result, they cannot give importance to protect their rights.

Disinterestedness of Proprietor

For the reason of complexity in legal steps proprietors are not interested to take any kind of legal procedure.

Poverty

For the purpose of removing poverty general people starts any kind of business without knowing business Law or business related Laws and business procedures. So poverty is one of the most important barriers for the implementation of Trademark Law.

Weakness of Law enforcing Agency

In our country, the Law enforcing agencies cannot perform their duties 100 %. It is one of the weak points of them.

Insufficient Law

Trademark related Laws in our country is insufficient. It is very difficult to ensure proper implementation of Trademark Law when regarding Laws are insufficient.

Limited Risk

For the reason of insufficient Law to use of unregistered trademark, confusing trademark there has a limited risk. So trademark infringement is a easy matter.

Complexity in Legal Step

Complexity in legal step also create obstacle to implement Trademark Law in Bangladesh.

Use of Unregistered Trademark

In case of unregistered Trademark proprietors cannot use it properly and lawfully to protect the right of good will.

Passing off

Generally passing off means a false representation of goods which creates confusion in customers mind. Though by passing off customers are cheated or there have a possibility of cheating, so plaintiff must be get remedy. In this case plaintiff must be prove the loss of business. It is the main condition for passing off suit. But most of the cases, plaintiff fails to prove loss of business for insufficient Law and complicity in legal Step.

Negligence of Government

Bangladesh government has not taken proper and effective procedure to prevent Trademark infringement. For this reason implementation of Trademark Law is obstructed.

Non Co-Operation of Mass Media

In our country Mass Media can be played a great role to influence the enforcement and implementation of Law. But they have not taken enough, necessary steps for this purpose.

Defective Education System

People do not know about proper and effective Laws in case of several sectors. Defective education system is liable for these. Law is not including in the syllabus of Secondary and Higher Secondary education. So people have not enough knowledge about the importance of implementation of Laws.

Following Western Culture

For speedy change of life style Bangladesh follows Western Culture and Western Laws which are not exhaustive in the circumstances of Bangladesh.

Lack of Job Opportunity

Lack of job opportunity is one of the most important social problems in our country. For removing poverty people engage themselves any kind of business without enough knowledge of Laws.

Huge Monetary gain

For the purpose of huge monetary gain some kinds of businessman infringe the Trademarks Law. They cannot understand the implementation of Trademark Law.

Rapidly changing Patterns in Modern Living

Our society changes every moment for the reason of industrialization and Urbanization. It creates difficulties to implement any Kind of Law.

Negligence of Trademark Office

Sometimes Trademark office cannot perform their duties properly.  For this reason implementation of Trademark Law is obstructed.

These are some important barriers to implement Trademark Law in Bangladesh. Not at all     there have some defects in registration procedure of Trademark and the procedure is lengthy process.

Protection Of Trademark And International Instrument

Conditions Of Trademark Registration

In order to get trademark registration, a mark must be inherently distinctive or distinctive through use. An  arbitrary  marks  (apple  for  computer),  fanciful  mark  (KODAK)  or  suggestive  mark  (FRIDGEDAIRE  as applied to refrigerators) etc are treated as distinctive mark. Actually any sign capable of distinguishing the goods or services of one undertaking from those of other undertakings (thus including service marks) shall be eligible for getting registered as a trademark. (TRIPS Agreement, Art. 15.1). In Bangladesh the basic requirements of a mark  to  be  registered  are  maintained  with  the  compliance  of  International  Treaties  like  Paris  convention  or TRIPS Agreement. Besides, the following mark or part of mark shall not be registered as a trademark) which comprises or consists of any scandalous or obscene matter;

• The use of which would be contrary to any law for the time being enforce;
• The use of which would be likely to deceive or cause confusion; or
• which contains  any  matter  likely  to  hurt  the  religious  susceptibilities  of  any  classes  of  the  citizen  of  Bangladesh;
• which is identical with, or is an imitation of, or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmarked adopted by, any state or  international  organization  created  by  an  international  convention,  charter  or  other  instruments (the 2009 Act, section 8).

No  trademark  shall  be  registered  in  respect  of  any  goods  or  services  if  it  is  identical  with  or confusingly  similar  to,  or  constitutes  a  translation  or  a  mark  trade  description  which  is  well -known  in Bangladesh (for example TATA mark well-known in Bangladesh) for identical or similar goods or services of another enterprise (the Act, 2009, section 10(4)).

Criteria Of Protect Ability

As we have previously known that a sign in order to capable of serving as a trademark must fulfill some requirements. Throughout the world criteria of protect ability of trademark is based generally on three principles such as:

• A trademark must be distinctive or capable of distinguishing different product.
• It has no misleading character.
• It has not violated public order or morality ,

Requirement Of Distinctiveness:

This requirement follows from the main function of a trademark namely; to distinguish the products or services of one enterprise form the products or services of other enterprises. In order to be capable of distinguishing, a trade mark must be easily recognizable as a sign which is different from product itself and also different form the name of the product. Thus the picture  of a coffee bean or the word “coffee” are not suitable to serve a trademark for coffee, since a trademark should not convey  the idea of the kind of product but should distinguish a particulars product from products  of the same kind.

The requirement of distinctiveness is roughly analogous to the requirement of novelty for patent rights and to the requirement of originality for copyright. Without distinctiveness either based on the inherent nature of mark or developed by the owner through marketing, trade mark rights fail.

The most distinctive marks, of course, are coined or fanciful ones. Distinctive and original devices, it has been held, not only serve to identify very effective the origin of goods but they also assist in calling attention to the goods, they serve, in a sense, a marketing function on their own.  Non distinctive marks are not available for appropriation by an owner, at least, not until, they become distinctive.

The distinctiveness requirement has two themes. Firstly It allows a first user to object to a later user on the basis that the later users mark is not distinctive if it too closely resembles that of the first user.

Secondly: – it is a policy opposing the domination of the common or descriptive terms of the market place, similar to the policy against ownership of trademarks in gross. A mark must be distinctive to prevent the pre-emption of these terms which all competitors need to identify their goods.

Fanciful Marks

A fanciful / inherently distinctive trademark is prima facie registrable, and comprises an entirely invented or “fanciful” sign. For example, “Kodak” had no meaning before it was adopted and used as a trademark in relation to goods, whether photographic goods or otherwise. Invented marks are neologisms which will not previously have been found in any dictionary.

Arbitrary Marks

An arbitrary trademark is usually a common word which is used in a meaningless context (e.g. “Apple” for computers). Such marks consist of words or images which have some dictionary meaning before being adopted as trademarks, but which are used in connection with products or services unrelated to that dictionary meaning. Arbitrary marks are also immediately eligible for registration. Salty would be an arbitrary mark if it used in connection with telephones, e.g. Salty Telephones, as the term “salt” has no particular connection with such products.

Suggestive Marks

A suggestive trademark tends to indicate the nature, quality, or a characteristic of the products or services in relation to which it is used, but does not describe this characteristic, and requires imagination on the part of the consumer to identify the characteristic. Suggestive marks invoke the consumer’s perceptive imagination. An example of a suggestive mark is Blu-ray, a new technology of high-capacity data storage.

Generic Marks

A generic term is the common name for the products or services in connection with which it is used, such as “salt” when used in connection with sodium chloride. A generic term is not capable of serving the essential trademark function of distinguishing the products or services of a business from the products or services of other businesses, and therefore cannot be afforded any legal protection. This is because there has to be some term which may generally be used by anyone—including other manufactures —to refer to a product without using some organization’s proprietary trademarks which become generic after losing distinctive character are known as generalized trademarks.

Requirement Of Absence Of Violation Of Public Order Or Morality

The principle that a trademark may not be contrary to public order or morality is also recognized in all countries. In this connection, it is to be noted that in accord­ance with Article 6ter of the Paris Convention, Suite emblems, official hallmarks and, names, abbreviations and emblems of intergovernmental organizations, such” as “WIPO, under certain conditions cannot be used as trademarks. Moreover, in accordance with a special convention, the Red Cross is excluded from trademark protection, and the same applies with respect to Olympic symbol—namely the five interlaced rings—under the Nairobi Treaty on the Protection of the Olympic Symbol, which was adopted in 1981 and entered into force in 1982.

The Nice Agreement

The Nice Agreement establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification). The trademark offices of Contracting States must indicate, in official documents and publications in connection with each registration, the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong.

The Classification consists of a list of classes – 34 for goods and 11 for services – and an alphabetical list of the goods and services. The latter comprises some 11,000 items. Both lists are amended and supplemented periodically by a Committee of Experts in which all Contracting States are represented. The current edition of the Classification is the tenth, which entered into force on January 1, 2012.

Although only 84 States are party to the Nice Agreement, the trademark offices of about 65 additional States, as well as the International Bureau of WIPO, the African Intellectual Property Organization (OAPI), the African Regional Intellectual Property Organization (ARIPO), the Benelux Organisation for Intellectual Property (BOIP) and the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) of the European Union (EU), also use the Classification.

The Nice Agreement created a Union, which has an Assembly. Every State that is a member of the Union and has adhered to the Stockholm Act or the Geneva Act of the Nice Agreement is a member of the Assembly. Among the most important tasks of the Assembly is the adoption of the biennial program and budget of the Union.

The Agreement, concluded in 1957, was revised at Stockholm in 1967 and at Geneva in 1977, and was amended in 1979.

The Agreement is open to States party to the Paris Convention for the Protection of Industrial Property (1883). Instruments of ratification or accession must be deposited with the Director General of WIPO.

Suggestions

In  order  to eradicate trademark infringement and  strengthen  the  trade  mark  protection  in  Bangladesh,  the  government  has  to  take  several steps  as follows:

• There must  be  a  trade  mark  registry  office  in  each  divisional  city  to  scrutinize  the  trademark  related  matters very swiftly and to assist industrial development smoothly. Presently, in our country there are only two trademark registry  offices head  office  in  Dhaka  and  branch  office  in    As a result, citizens of other cities have to face problems.
• Online trademark application system should be introduced,
• The Trademark  Office  should  be  equipped  with  sufficient  number  of  registrars  and  examiners  so  that manufacturers  of  goods  and  service­  providers  can  get  their  trademarks  registered  within  the  shortest  possible time,
• Carrying out  regular  training  for  officials  at  the  trade  mark  registry  office  with  a  view  to  maintaining  the provisions of international agreements (Paris Convention and TRIPS Agreement) as regards trade mark protection,
• Trade Mark  Protection  Court  should  be  primarily  introduced  in  the  divisional  cities  in  order  to  dispose  of  suits quickly,
• Trademark rules  should  also  be  amended  periodically  to  reflect  the  changes  that  have  taken  place  since enactment of the Trademark Act and Trademark Rules.
• Law should be enacted to safeguard trademarks because lack of protection, especially for IT related works, has created opportunity  for  unscrupulous  businesses  that  are  making  fortune  out  of  the  other  people’s  efforts  and investment and hampering competition and development of the sector.
• Trademarks Law should be enacted to safeguard the trademark because lack of trademark protection especially for IT related works has created opportunity for unscrupulous business that are making fortune out of the other people’s efforts and investment and hampering competition and development of the sector.
• The Trademark Office should be equipped with sufficient number of Registrars and Examiners so that manufacturers of goods and service providers can get their Trademarks registered within shortest possible time because delay in publication of Trademark causes including others disputes in determining prior use and rectification of Register.
• Trademark Rules should also be amended periodically to reflect the changes that have taken place since enactment of the Trademark Act and Trademark Rules

CONCLUSION

Trademark infringement remains a significant challenge in Bangladesh, where the legal framework—principally governed by the Trade Marks Act, 2009—has made substantial progress but still faces notable enforcement and procedural hurdles. While the Act provides a comprehensive structure for the protection of trademark rights, practical limitations such as judicial delays, lack of public awareness, limited administrative capacity, and inconsistent enforcement have undermined its effectiveness.

The growing complexities of commerce in a globalized market demand not only stronger legal safeguards but also more efficient institutional mechanisms and public-private cooperation to curb trademark violations. Awareness campaigns, capacity-building for enforcement agencies, and streamlined dispute resolution processes are critical to safeguarding intellectual property rights. Furthermore, harmonizing domestic laws with international standards and improving coordination among government agencies, the judiciary, and rights holders can significantly enhance trademark protection.

In conclusion, while Bangladesh has laid a solid legal foundation for addressing trademark infringement, a more proactive and integrated approach is required to translate legal provisions into effective and practical protection. Strengthening enforcement, raising stakeholder awareness, and adopting digital tools for trademark registration and monitoring will be vital steps toward ensuring a more robust and trustworthy intellectual property regime.

REFERENCES

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