Page 14 - QUEST-IP (Final)_Neat

Colour marks: Brands also tend to identify with colors. For example,
the color purple of the packaging of Cadbury chocolates. Consumers
associate the shade of purple with Cadbury chocolates so much that they
can identify the same without even reading the brand name.

Trademarks come into play from the beginning of a business venture
and become an asset over time. Businesses make hefty investments in
promoting their brands so as to establish their recognition in the market,
goodwill and to attain brand loyalty. In absence of legal protection
through registration, businesses have very limited ownership of their
brands. Indeed, there are others who utilize and manipulate established
trademarks to deceive consumers and other parties in business
transactions and make unlawful profit. We have seen the use of names
such as BUTA, RATA etc. to misrepresent the consumers with the show
brand of BATA. In the similar vein, NOKLA to mislead as NOKIA etc.

Requirements of a trademark for registration: For the purposes of
registration, trademarks, under section 6 of the TMA 2009, shall not
be a geographical name, a surname, a personal name or any common
abbreviation of the same, the name of a sect, caste or tribe in Bangladesh.
In addition, trademarks must not have a direct reference to the character
or quality of the goods or services. For instance, the name ‘Creamy’ for

12 | QUEST : Intellectual Property