Trademark Registration Process in Bangladesh : A comprehensive guide
The Trademark Registration process in Bangladesh, the TM registration procedure, and the stages to submitting a trademark are some of the most often asked questions about Trademark Registration to a Barrister in Bangladesh.
People also want to know what paperwork are required, how much it costs, and how long it takes to register a trademark in Bangladesh. As a result, this post will provide a comprehensive guidance on how to register a trademark in Bangladesh.
The Trade Marks Act of 2009 and the Trade Marks Rules of 1963 govern the trademark registration procedure in Bangladesh. Any individual claiming to be the owner of a trademark, on the other hand, must apply to register the trademark in Bangladesh. The registration procedure is outlined in detail below-
Lawyer for Trademark Registration and contact information
STEP 1: SEARCHING FOR TRADEMARK REGISTRATION
A thorough search is required to guarantee that the mark has not already been registered. However, searching is not required. The search usually takes between 2 (two) and 3 (three) days.
STEP 2: Assigning POWER OF ATTORNEY by Foreign Clients
A foreigner or entity can register a trademark application in Bangladesh through a representative or an authorized lawyer. As a result, a power of attorney must be granted to a lawyer or representatives.
STEP 3: FILL OUT A TRADEMARK REGISTRATION APPLICATION
a) Documents/Information Required
A completed application must be sent together with the following information and documents:
- Prints or representations of the mark/logo/device
- Name, address, and nationality of the applicant
- If the applicant is a company, the name and status of the signatory must be included.
- Application status, i.e. manufacturers/merchants/service providers
- Goods/services/classification specifications
- Date of the user’s trademark (whether the mark is in use or proposed to be used in Bangladesh)
- Power of Attorney authorizing the lawyer to act if necessary
b) Government Trademark Application Fee:
The government charge for submitting an application for registration is 3500 (three thousand and five hundred takas), which is equal to USD 42 (forty-two). More information about the government registration charge can be found here.
c) Trademark Filing Jurisdiction
The application must be filed at the Trademark Registry’s head office or any branch with territorial jurisdiction over the principal place of business. Furthermore, if the person does not conduct business in Bangladesh, the application must be filed with the office with territorial authority over the address for service in Bangladesh.
STEP 4: APPLICATION ACKNOWLEDGEMENT
The Registrar will issue an automatically generated receipt upon receipt of the application and the government fee. The receipt contains information on trademark filing, such as the Application Number, application date, trademark, and so on.
STEP 5: APPLICATION EXAMINATION
The Registrar checks the trademark for distinctiveness, matching, or likeness to other registered trademarks. If the Registrar is satisfied, a Letter of Acceptance for the mark to be published in the Trade Marks Journal will be issued.
STEP 6: STAGE OF PUBLICATION:
Following that, if anyone has an issue with the proposed trademark, he must file it within 2 (two) months of the date of publication. The purpose of the journal publishing is to ask the public to file an opposition to the registration of a trademark.
STEP 7: OPPOSITION by giving notice
After the trademark is published in the trademark journal, any person may file an opposition to the Registrar using Form TM-5 within 2 (two) months of the publication date. However, a government charge of 2000 (two thousand takas) is required to pay for the notice of opposition.
a) The Opposition Procedure
When the Registrar receives the Notice of Opposition, he or she sends a copy to the Applicant. Following that, the Applicant will have two (2) months from the date of the notice to file a Counter-Statement. The grounds for the claim should be included in the Counter-Statement. The government charges 1500 (one thousand and five hundred takas) for filing a counter-statement.
c) Rebuttal and Representation:
When the Registrar receives the Counter-Statement, he or she will send a copy to the Opponent. Following that, the Registrar will make a decision on the disputed matter after hearing from both sides. However, the registrar’s judgment can be challenged in the High Court. The objection proceeding, however, must be filed within 120 (one hundred and twenty) working days of obtaining the order.
STEP 8: REGISTRATION of the Trademark
If there is no disagreement over the trademark publication, the Registrar will notify you to pay the appropriate amount once the 2 (two) month term has expired. Following that, the Registrar issues a Certificate of Registration for the trademark after receiving the money. A registered trademark is good for seven years from the date it was filed.
SEP-9 RENEWAL OF TRADEMARK REGISTRATION
In Bangladesh, a trademark can be renewed for an indefinite amount of time by paying the renewal fees. Failure to renew, on the other hand, may result in the removal of the registered trademark from the Register. The renewal term might be up to ten years. Please keep in mind that applications for trademark renewal should be submitted no later than six (6) months before the expiration of the previous renewal.
Hire the best barrister in Bangladesh for your Trademark Registration
Tahmidur Rahman Remura Wahid provides trademark registration and other associated services. However, if you require any legal assistance or clarification regarding the Trademark Registration Process in Bangladesh, please contact us at:
DHAKA: House 410, ROAD 29, Mohakhali DOHS
DUBAI: Rolex Building, L-12 Sheikh Zayed Road
LONDON: 1156, St Giles Avenue, Dagenham
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