Trade Mark
A trade mark is a visual symbol in the form of a word, a devise, 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 personas distinguished from similar goods manufactured or dealt in by other persons. The function of the trade mark is to give an indication to the purchaser or possible purchaser as to the manufacture or quality of the goods, to give an indication to his eye of the trade source from which the goods come, or the trade hands through which they pass on their way to the market. The object of trade mark law is to deal with the precise nature of the rights which a person can acquire in respect of trade marks, the mode of acquisition of such rights, the method of transfer of those rights to others, the precise nature of infringement of such rights, and the remedies available in respect thereof. The following are the attributes of a good trade mark:
Ø It should be easy to pronounce and remember, if the mark is a word,
Ø In the case of devise mark the device should be capable of being described by a single word,
Ø It must be easy to spell correctly and write legibly.
Ø It should not be descriptive but may be suggestive of the quality of the goods,
Ø It should be short,
Ø It should appeal to the eye as well as to the ear,
Ø It should satisfy the requirements of registration
Ø It should not belong to the class of marks prohibited for registration.
Successful companies rely on the power of their trademarks and brands to communicate the quality and distinctiveness of their products and services. Trademarks are often some of the most valuable assets of a company. Infringement or dilution of a mark can cost millions in revenue and goodwill. With our proven track record in high-profile litigation and no contentious matters, in-house counsel and other leading trademark practitioners consistently look to Finnegan to handle their most complex, high-stakes matters.
One of the most successful trademark practices in Bangladesh is of “The Lawyers & Jurists”. Its trademark practice is renowned for its experience, sophistication, creativity, and depth. Their practice includes an enviable core of experienced trademark legal assistants and staff professionals, including portfolio managers, in-house investigators, etc.
They follow the life of a mark from selection, clearance, prosecution, and maintenance to portfolio management, trademark audits, licensing, watch services, disputes, and litigation. The scope of their practice offers great flexibility. For many clients, we provide a full range of trademark services, while others seek our assistance for some of these categories on a project-by-project basis.
Before adopting a trademark, they advise clients on strategies for selecting “strong” marks that are immediately protectable and registrable. If a client prefers to use a term or mark descriptively, they can advise on how to use the term to place the client in the best possible position it should be challenged. Their counseling during the early phases of trademark development helps avoid costly conflicts or enforcement problems down the road.
Once a mark is selected, that conduct availability searches and render clear, practical opinions. We carefully evaluate each search request to ascertain the goods or services to search, the type of search to order, and whether to search any supplemental sources. Moreover, our opinions are not based solely on the search results as they appear in the search report. They investigate relevant marks and names to determine if they are in use and, if so, the nature and extent of any rights their owners may possess. Their extensive litigation experience allows them to provide realistic opinions on a mark’s availability, as well as practical recommendations on using and registering the mark to avoid or minimize potential problems.
For “The Lawyers & Jurists”, trademark filings are not simply routine administrative matters—they work to develop an appropriate strategy regarding the form of the mark and how broadly or narrowly to describe goods or services. They take into account the search results and possible disputes down the road. They also consider future plans for the mark to make sure all relevant goods or services are covered by the application. In prosecuting applications, they provide practical advice on the best and most efficient ways to respond to refusals.
Their counseling services often begin at a trademark’s inception with proactive advice during the selection and prosecution process to help avoid or minimize the chances of litigation. But when problems arise and valuable trademark rights are at stake or an accusation has been made, they believe it pays to have seasoned litigators on our side. They have handled cases that span numerous industries and implicate all types of trademark rights. Representing both plaintiffs and defendants, their lawyers have decades of experience litigating both large and small trademark cases before courts throughout the country.
Their litigation practice covers all types of trademark infringement and dilution cases involving trademarks, service marks, trade dress, product configuration, trade names, domain names, letters, numbers, colors, and telephone numbers. They have an impressive track record of favorably resolving litigations for our clients, whether by choosing a forum that gives clients the best chance to win on the law, filing a motion to dismiss, obtaining an early temporary restraining order or preliminary injunction, positioning a case for settlement, moving for summary judgment, or taking the case to trial. One of their strengths is the use of experts to enhance our clients’ legal positions.