The application procedure for registering a trademark Registration in Bangladesh is governed by two pieces of law: the Trade Marks Act of 2009 and the Trade Marks Rules of 1963. Both of these pieces of legislation were passed in 2009. Each and every individual who argues that they are the owner of a trademark, on the other hand, is needed to file an application in order to register the trademark in Bangladesh.
Step 1: Trademark registration search
A thorough check is required in order to guarantee that the mark has not been registered by anybody else in the past. In spite of this, searching is not required. In most cases, the search will take between two and three days to complete.
Step 2: Attorney power:
An individual or organization from another country may submit an application for a trademark Registration by way of their representation in Bangladesh or via an authorized attorney. It is necessary to grant a power of attorney in favor of a lawyer or to the representatives in order to do this.
STEP 3: Apply for Trademark Registration
a) Essential documents/data
An application has to be submitted along with a few pieces of information and documents which are listed below:
- Particulars of the mark/logo/device prints or representations
- Name of the applicant, address and nationality
- If the applicant is a firm then the signatory’s name and position
- Status of the application i.e. manufacturers/merchandisers/ service providers
- Specification of goods/services/class
- Trademark Registration date of the user (whether the mark is in use or proposed to be used in Bangladesh)
- Power of Attorney authorizing the lawyer if it requires
b) Government Fee For Trademark Application:
Three thousand and five hundred takas, which is comparable to forty-two dollars in United States currency, is the amount that the government charges for the application to be submitted for registration. More information on the cost that the government charges for registration may be found here.
c) Jurisdiction To File A Trademark Registration
It is necessary to submit the application to either the Head office or any other branch of the Trademark Registration that has territorial authority over the establishment where the major business is located. For further information, if the individual does not do business in Bangladesh, the application must be submitted to the office that has territorial authority over the location that is indicated in the address for service in Bangladesh.
STEP 4: ACKNOWLEDGEMENT OF APPLICATION
The Registrar will provide a receipt that is automatically produced after they have received the application together with the amount that was required by the government. The receipt contains information that pertains to the filing of a trademark, such as the Application Number, the date of the application, the trademark, and so on.
STEP 5: EXAMINATION OF APPLICATION
The Registrar investigates the trademark to see if it is similar to or identical to other registered trademarks that are already in existence. If the Registrar is happy with the mark, a Letter of Acceptance will be granted for the mark, and it will be published in the Trade Marks Journal.
STEP 6: PUBLICATION STAGE:
After then, if there is any disagreement about the proposed trademark Registration, the individual who disputes it has the opportunity to do so within two months of the day the trademark was published. The purpose of the publishing in the journal is to provide an invitation to the general public to submit a challenge to the registration of a mark.
STEP 7 OPPOSITION:
Following the publication of the trademark in the trademark Registration journal, any individual has the ability to file a dispute within two months of the publication date by submitting a notice of opposition to the Registrar using Form TM-5. This provision is applicable for a period of two months. On the other hand, a fee of two thousand takas (two thousand takas) must be paid to the government in order to receive the notice of opposition.
a) Opposition Process
Following the receipt of the notice of opposition by the Registrar, a copy of the notice of opposition is sent to the applicant. Following this, the applicant will be given the chance to submit a Counter-Statement within two months of receiving the notification following the aforementioned situation.
An explanation of the arguments that support the assertion ought to be included in the counterstatement. One thousand and five hundred takas is the amount that individuals must pay in order to submit a counter-statement to the government.
b) Counter-Statement and Appeal:
Following the receipt of the Counter-Statement, the Registrar will send a copy of the document to the Opponent.Following this, the Registrar will make a decision about the contentious topic after hearing what both parties have to say.
It is possible, however, to file an appeal with the High Court in opposition to the decision that was reached by the registrar. The objection proceeding, on the other hand, must be submitted within one hundred and twenty (120) working days after obtaining the order in question.
STEP 8: REGISTRATION
As stated above, the Registrar will notify you to pay the appropriate amount after the end of the two-month term, provided that there is no protest against the publication of the trademark. After that, the Registrar will issue a Certificate of Registration for the trademark after they have received the money. After the date of filing, a registered trademark is considered to be valid for a period of seven years.
SEP-9 RENEWAL OF TRADEMARK REGISTRATION
When the renewal payments are paid, a trademark in Bangladesh may be renewed for an infinite amount of time at any moment as long as the renewal expenses are paid. On the other hand, if the renewal is not completed, the registered trademark may be removed from the Register. For a duration of ten years, the renewal term may be considered eligible. Please do not forget that applications for the renewal of a trademark should be submitted no later than six (6) months prior to the expiry of the most recent renewal it has received.
