Registration of trademarks in Bangladesh is coordinated by the Department of Patents, Designs, and Trademark registration (DPDT), which is responsible for the process.
Any individual who asserts that they are the owner of a Trademark registration that is now being used or that is planned to be used in Bangladesh is eligible to submit a written application for the registration of a trademark in the way that is required.
In order to register a trademark, an applicant is required to submit an application to the Trademark registration Wing of the Department of Products and Services Tax.
There is also the possibility of registering service marks in Bangladesh. Those who are interested in registering service marks in Bangladesh may submit an application. When it comes to this particular objective, the International Nice Classification of Services is appropriate.
LOOK FOR
The applicant has the ability to use the DPDT to look for Trademark registration that are comparable to their own. When it comes to the registration of trademarks, this is not always required.
Trademark registration application
In order to satisfy the requirements for trademark registration, an application must contain the following:
- The name of the device printing or portrayal of the mark, logo, or device.
- The applicant’s name is listed here.
- Please include the applicant’s address and nationality.
- If the applicant is a Merchandiser, Manufacturer, or Service Provider, their status is being considered.
- Detailed description of the products or services and their category.
- Date of use of the mark (whether the mark is now being used in Bangladesh or if it is planned to be used there).
- The use of a general or particular power of attorney could be necessary.
- It is necessary to pay any expenses that are applicable.
THE REGISTRAR’S DECISION ON THE ACCEPTANCE OR REJECTION OF THE Trademark registration
Following the submission of the application, the Registrar has the option of either accepting or rejecting the application, or ordering it to be corrected or modified. Whether an application for the registration of a trademark is approved in its whole or subject to certain terms or limits, the application may be accepted.
After receiving the application, the Registrar will prepare an Official Filing Receipt for the applicant. In this document, you will find all of the pertinent filing facts about the Trademark registration, such as the Application Number, the date of application, the Trademark registration, and so on.
If the Registrar decides to reject any application, he or she is obligated to send a letter to the applicant requesting an explanation. Within three (3) months, the applicant is required to file a response to the show cause notice and may request a hearing on the subject; otherwise, the application would be considered abandoned.
A PUBLICATION IN A JOURNAL
Immediately upon the acceptance of an application by the Registrar, the Registrar is obligated to furnish the applicant with a Journal Notification in order to facilitate the advertising of the mark. After that, the applicant is needed to make a deposit of journal fees using anything like a pay order, a Treasury Chalan, or a bank draft. Following that, the mark would be sent to Bangladesh Government Press (BG Press) for the purpose of publishing.
TO THE OPPOSITION OF THE MARK
Following the publication of the mark by BG Press, any anyone may submit a notice of opposition to the Registrar using the specified form within a period of two (2) months from the date of publication following the publication.
It is the responsibility of the Registrar to provide the applicant with a copy of the Notice of Opposition. The applicant is required to submit a Counter-Statement outlining the reasons for which it relies for its application to be registered within two months of receiving the Notice of Opposition.
In the event that the Counter-Statement is not submitted within the allotted time frame, the application will be considered to have been abandoned. An extension of time for submitting a counterstatement together with the fees required by the government may be requested by the applicant.
In the event that a Counter-Statement is submitted, the Registrar is obligated to provide the Opponent with a copy of the document. The parties are required to provide evidence in the form of an affidavit, and the Registrar will make a decision about the registration of the application after hearing the parties’ arguments. It is possible to file an appeal against the decision made by the Registrar with the High Court.
THE REGISTRATION OF THE KEY MARKET
The applicant will be informed by DPDT to pay certification costs if there is no resistance to the application. It is necessary for the applicant to provide DPDT with a receipt for the money that was paid for the certification costs.
In the event that a trade mark is registered, the Registrar is obligated to provide the applicant with a certificate that is in accordance with the specified format for the registration of the trade mark and is sealed with the Trade Marks Registry sealing seal.
BOTH TERM AND RENEWAL
A registered trademark is valid for a term of seven (7) years beginning on the day that the application was submitted, and it may be renewed for further periods of ten (10) years during the course of subsequent years.
There is a requirement that renewal costs be paid before to the expiration date, but not more than six months before the expiration date. There are late renewals available, often up to four months beyond the expiration date, however there are costs associated with late renewals. The Registrar has the authority to issue extensions, and they are given freely, but only after extra costs have been paid.
TASK OF TAKING OVER THE TRADEMARK
The registered owner of a trademark has the authority to transfer the registered trademark, with or without the goodwill of the company, in relation to all or part of the items for which it is registered. This authority is granted to the registered proprietor.
When a person acquires ownership of a Trademark registration through the process of assignment or transmission, he is required to submit an application to the Registrar (in the prescribed manner) in order to register his title. The Registrar is obligated to register the Assignee as the proprietor of the trademark upon receiving the application and obtaining proof of title that satisfies his requirements.
A LICENCE TO USE THE Trademark registration
In order for licenses to be valid, they need to be registered with the administration. The Registrar is the person who must receive the application for the record.
IN CASES OF INFRINGEMENT, REMEDY
For the purpose of obtaining redress, an owner of a registered trademark may commence either a civil or a criminal procedure in the event that the rights of the proprietor have been violated.
In the event that a lawsuit is filed over the infringement of a Trademark registration, or in order to establish the right or any ratified right concerning a trademark, the lawsuit must be filed in the Court of District Judge within the jurisdiction in which the infringement took place.
It is necessary to initiate a criminal procedure in the Court of Metropolitan Magistrate or any other Judicial Magistrate of the first class.
In a lawsuit for trademark infringement, the plaintiff may seek redress in the form of an injunction, damages, an account of profit, the destruction or deletion of the Trademark registration that was forged, or the delivering up of the products that were marked with the fake trademark.
