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ice cream may not be eligible for registration, however, ‘Creamylicious’
may be eligible as it is distinguishable and is a combination of two words.
On the other hand, section 6(1) of the TMA 2009, provides some
possibility to marks, which are otherwise ineligible, to be eligible for
registration as trademarks. Such ineligible marks may be registered
by showing evidence of the same mark’s distinctiveness. Evidence of
distinctiveness may be long and continuous use of the trademark by a
business, to the extent that the trademark associates with the business and
the business can be distinguished through the same trademark.

Registration: Trademarks can be registered by filing an application
with the Departments of Patents, Designs & Trademarks (‘DPDT’) in
the prescribed form by the entity with the trademark itself or through
an attorney. According to the TMA 2009, the completion of registration
takes 150 (one-fifty) working days from the date of application. However,
protection of the trademarks starts from the date of application.

Trademark registrations are territorial. However, for member states of
the Madrid System, trademark registration applications can be applied
to multiple countries through a single application. It should be noted that
Bangladesh is not a member state of the Madrid System.

Term: The registration of a trademark shall be for a period of 07 (seven)
years, but may be renewed after such term upon making an application
to the DPDT. The DPDT shall renew the registration of the trademark
for a period of 10 (ten) years from the date of expiration of the original
registration, or as the case may be, of the last renewal of registration.

EFFECT OF REGISTRATION

• Protection - Registration of a trademark provides the registered
owner with the exclusive right to the use of the trademark in relation
to those goods or services, as the case may be. Moreover, no person,
other than the registered TM owner, shall be able to use the trademark
without their consent and in the event of any unauthorized use of the
trademark, the registered proprietor can also obtain relief in respect
of infringement of the same (s. 25, TMA 2009).

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