The Trademark Authority has published the latest Journal 281 on September 16, 2015. It is now open for opposition for 60 days from date of publication. It is recommended to check out the matter by the applicant whether his/her trademark application in Bangladesh is considered to be opposed by third parties. For more information please contact us.
The Trade Mark Authority has published the latest Journals 276, 277, 278, 279 & 280 on April 07, 2015. It is now open for opposition for 60 days from date of publication. Responsible parties are suggested to check out the matter whether his/her trademark application is considered to be opposed by third parties. For more information or further help please feel free to contact us.
A lot of enterprises makes certain mistakes with regard to their intellectual property during the due diligence process. These mistakes can have long-term effects on the value of the company, yet a little thought can easily avoid them. Here are the some most common intellectual property rights mistakes– here we discuss how and why these mistakes should be avoided.
Making Patent Applications Too Late
There are certain rules that apply to patent applications, and non-compliance with these rules could mean that a company loses out on the advantages offered by protecting intellectual property rights. It is best to make patents applications as soon as possible, so that there is no chance of missing out the rights your deserve.
Claims Too Short or Narrow
Many entrepreneurs make the mistake of making patent claims that are insufficiently broad in their invention. Such narrow definitions for patent claims mean that a rival enterprise can easily circumvent the patent claims, and exploit the invention or innovation for its own ends. It is not easy to decide on the scope a claim should encompass, but it is important to include as wide a definition as possible for broader protection of your invention.
Wilful patent infringement will be punished, and enterprises infringing on another venture’s patent will have to pay heavy fines. So steps should be taken wisely and cautiously to ensure that neither accidental nor deliberate patent infringement takes place.
Protecting Software Only With Copyrights Is Not Good Decision
It is understood that copyrights are not very expensive, and safeguarding intellectual property with the use of copyrights is quite common. But while this is effective for certain kinds of work, reverse engineering on some material can help a competitor understand it thoroughly, and can be used it to his or her own advantage. In such cases, it is better to protect your intellectual property with a patent application as well as a copyright.
Unspecified Ownership Of Intellectual Property
Sometimes the intellectual property of an enterprise is jointly owned by several parties – employees, consultants, customers and vendors may all have contributed to a particular invention. So it is important to clearly identify the ownership of any intellectual property to avoid any mistake that may raise later.
Failing To Take Legal Implications Into Account
If the legal implications are not taken into account, especially with regard to amended claims and scope of patents, various problems can raise. The doctrine of equivalence should be clearly understood in this context.
Failing To Emphasise The Significance Of Confidentiality
Trade secrets and confidential information that the employees of an enterprise are privy to should be carefully safeguarded while, for instance, patents are pending. Non-disclosure agreements with employees will be useful in this regard. A failure to attend to this aspect of intellectual property protection could cost an enterprise dearly.
Steady Response To Notifications From Patent Authorities
To avoid delays, act quickly when required by the patent authorities in your area. See that legal requirements are met promptly, especially if there are claims against your patent.
Cost Cutting On Legal Expenses
With the aim of saving money, some enterprises hire patent professionals based on the low fees they charge, but this could prove unwise in the long run. It is essential to hire professionals who are highly competent as well as experienced, and it is worth paying the higher fees that skilled patent attorneys charge.
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These are the list of Marks are Registrable in Bangladesh:
- Invented Words
- Distinctive representations
- Packaging of goods
- Music, Vocal Sounds
- 3D Signs
- Words having no direct reference to the character or quality of the goods
- Combination of all of the above
Types of Trademarks Registrable:
- Collective Marks
- Certification Marks
- Service Marks
- Well Known Marks
These are the list of Marks are not Registrable in Bangladesh:
- Marks which do not have distinctive characteristics, or consist of signs or data that comprise of familiar drawings and ordinary pictures of goods and products.
- Every expression, drawing or sign which is immoral or contrary to public order.
- Public emblems, flags, military emblems and other symbols of the state, or Arab or international organizations or one of its institutions, or in one of the countries that treat a reciprocal state, or any imitation of such slogans.
- Symbols of the Red Crescent or Red Cross and other symbols from other similar, as well as signs that are imitations thereof.
- Marks which are identical or similar to symbols of a purely religious nature and sentiments.
- Geographical names if their use is to occur unequivocally regarding the source or origin of the goods or products or services.
- Name of others or the title or image or logo, without express consent.
- Marks which are likely to mislead the public, or which contains false statements on the origin or source of products or services or for other characteristics, as well as marks containing the name of a fictitious business, imitated or forged.
- Consisting, comprising of scandalous and obscene matter.
- Contravening laws of the land.
- Causing confusion or deception.
- Dis-entitled to protection in a court of law.
- Identical and similar to prior registered trademarks.
- Containing prohibited names of chemicals and chemical materials
- Similar or identical to translations of well known marks.
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An excellent idea could spring into your head. Regardless of the originality, quality and need for your invention, you will never find success, if the research and development do not meet modern standards.
When you first sketch down your initial product design, you will likely be unaware of the complex path ahead, but in order to become a success, you need to follow a strict process, which will lead you from your first draft, to patent, and finally to renown inventor and businessman.
The patent process can be a struggle in itself, since it is corrupted, filled with trolls, and in desperate need of legislative reform. This guide will acknowledge and pave the way to profitable patents.
Research and Development
New inventions are developed and launched daily, which can elevate the difficulty of breaking into a specific market.
Your initial step should focus on the crucial research and development stages. Strive to find a product that is original. If you’re not passionate about your product, no one else will be. Choose wisely and you will have already developed a strong foundation.
Once you’ve developed an idea that proves worthwhile, you will need to search the patent database. Pinpoint specific patents, which share similarities to your own design. In order to avoid future lawsuits, it is wise to alter your product to make it stand apart.
While it is important to change your initial design, you should not throw your introductory dream out of the window. Once you’ve reached the point of a unique and original product, it is important to patent it immediately.
Understand Your Market
Depending on your specific ideal, you will have unique types and groups of individuals, who will be interested with your idea. There are many ways for you accomplish this. One of the most common is through InventHelp where you will have acccess to manufacturers and companies would be inclined to build and sell your products. Remember that this company is not responsible and in no way offers advice regarding your idea’s patentability. However, they offer guidance for researching and understanding your market.
Manufacture a Prototype
In order to market your product, you’re going to need a prototype. An ideal is wonderful, but consumers make decisions in a hurry, by examining a product intently. Your next step should focus on building your first prototype. If you have not yet patented your product, it is of the utmost importance to seek out and work with only trustworthy individuals. Since you’re working with a potentially valuable product design, you must keep everything silent, until a patent has been filed. Once you have a working prototype, you will be able to begin the marketing process.
From here, it becomes a process of properly advertising and marketing your product or invention. Although it is important to plan for the future, you should take everything one day at a time. If you begin experiencing success, it is wise to seek out the assistance of a patent attorney, who will be able to protect your investment from the trolls, who benefit from filing bogus patents and then frivolous lawsuits against their targeted company.
“I have been told to protect my intellectual property. What should I protect and how should I go about it?”
Intellectual property includes original works, names and logos, and unique products and processes and is protected by trademarks, patents and copyrights. They are the basics:
Trademarks protect a word, phrase, name or symbol that you use to identify the source of a product; a service mark provides the same protection for a service offering. Trademarks and service marks prevent others from using names and logos that would be easily confused with yours but do not prevent others offering similar goods or services under a different name. Do a search before coming up with your company or product name (to ensure you are not infringing on others’ marks) and register your trademarks.
Patents are the most difficult and expensive to obtain; they protect the actual article you produce or process you use. Your design or process must be unique, useful and non-obvious. To apply for a patent you need a complete description of the design or process, usually requiring engineering and legal assistance. Although you can use the term “patent pending” as of the filing date, you have no protection until a patent is issued, and it could take months or years before the actual patent is granted (or denied).
A patent can be valuable as a deterrent to a competitor. And if you have a truly revolutionary concept, a well-protected patent might be worth a lot to someone willing to license (or buy) the patented product, service or process. But it’s quite expensive to challenge patent infringement. A large company can make a minor modification, hire a bunch of lawyers and leave you in a hopeless position. Consider whether you would be willing to spend the time and money necessary to protect your patent.
Copyrights are the simplest of the three. A copyright protects an original work of authorship. It prevents others from copying what you write, draw, photograph, etc., without your permission. You own the copyright in a work once it is created and reduced to any tangible form, but you must register a copyright to be able to enforce it. Copyrights don’t protect against such things as others writing about the same topic in their own words or photographing the same landmark.
In summary, be sure to get appropriate trademark/service mark and copyright protection and consider a cost/benefit analysis regarding patents. These intangible assets can add value to your company now and when it is time to sell.
Business owner often choose not to spend so much money on legal fees as they are starting up their businesses. Understandably, budgets are tight in a company’s early days, and when faced with the choice of spending money on a trademark lawyer or on product development, product development usually (and with good reason) wins. This results in many individuals and businesses applying to register trademarks with the Department of Patents, Designs and Trademarks (DPDT) Office without first seeking legal advice. While this can be successful and without incident, entrepreneurs quite frequently make mistakes when managing the trademark application and maintenance process on their own. This article looks at what are probably the top five mistakes in our experience, and some ways to avoid them.
1. Not Conducting Proper Clearance (Search)
When selecting a brand, the very first step is to ensure that the brand is “clear” for use and registration. If a brand owner selects the name “ABC”, for example, for his new social media app, he must make sure that no third party is using the same or a confusingly similar name for the same or related services. If he fails to clear the mark, then the time and money he spent establishing the name as a brand would be wasted if he later discovers that he has to rebrand because the chosen name is already in use. Scarier, using a brand that is owned by a third party could expose his to liability for trademark infringement.
2. Technical Errors in the Application
While the fields to be filled out in a trademark application may seem straightforward, people inexperienced with the forms make frequent, and sometimes fatal, mistakes. These mistakes could result in the application being refused altogether, or in having to respond to an Office Action (see #3 below). Mistakes include: (i) not understanding the term of “use” required to support a use-based application; (ii) not understanding when to apply based on “intent-to-use”; (iii) applying to register the trademark in the wrong class; (iv) filing an improper specimen; (v) not understanding whether a mark is registrable as a trademark; and (vi) not developing an appropriate description of goods or services.
3. Not Responding to Office Actions
Once an application is filed, it takes approximately 3-4 months before it is reviewed by the concerned Authorirty in the Patent and Trademark Office. If the application is perfect, it will be published for opposition. If it is unopposed, it will then be approved for registration.
If, however, there is an issue with the application — whether great or small — the Examiner will issue an Office Action, which requires a response. Failing to submit a timely response will result in the application being deemed abandoned. Sometimes, the issue raised in an office action will be minor: the Examiner might require that a descriptive word be disclaimed, or that the goods or services described in the application be amended to be more specific. Sometimes, though, the issue will be major and require a substantive legal response. An example of this would be if the Examiner believed that the applied-for trademark was confusingly similar with an existing registration or an earlier-filed application. This sort of Office Action can be challenging for a non-lawyer to deal with: perhaps a legal argument can convince the Examiner that there is no likelihood of confusion, or perhaps the trademark applicant can seek a co-existence agreement with the owner of the earlier registration.
No matter how big the issue, and no matter what strategy is pursued, a response must be submitted within six months of the mailing date of the Office Action to prevent the application from being abandoned. Business owners who file applications on their own often do not monitor their applications, and then lose their investment in and priority date of their applications.
4. Not Maintaining the Application or Registration
A trademark registration only lasts for as long as the trademark is in use, and trademark owners have to comply with periodic filing requirements to maintain their marks. A registered trademark is valid for an initial period of seven (07) years from the date of filing and renewable thereafter for successive periods of Ten (10) years. Failing to pay a fee and file the requisite notice within prescribed deadlines will result in a registered trademark being abandoned.
5. Not Monitoring Third Party Use
Once a trademark is registered, its owner should monitor its use. The purpose of a trademark is to indicate a single source of goods or services offered under a brand, and thereby prevent consumer confusion. If a trademark owner does not police his mark to ensure that third parties don’t use the same or a confusingly similar trademark, then the brand will become diluted. In rare (but important and very real) cases, trademarks that were not properly policed became so diluted that they became the generic term for a product. This was the fate of the former brands ASPIRIN, THERMOS, ESCALATOR and LAUNDROMAT.
It is certainly possible for entrepreneurs to file applications and successfully register trademarks on their own. If this is the route you choose, then it is well worth your time to familiarize yourself with the application process in order to decrease the chance of a costly problem.
The Trade Mark Authority has published the latest Journal 275 on December 30, 2014. It is now open for opposition for 60 days of publication.
The Trade Mark Authority has published the Journal 274.