Trademark Registration process in Bangladesh, TM registration Procedure, steps to file trademark are major queries about Trademark Registration. In addition, people want to know the required documents and cost, time for trademark registration process in Bangladesh. Therefore, this article will give a complete guideline on how to registrar a trademark in Bangladesh.
Trademark Registration Procedure
Trademark Registration Procedure in Bangladesh is regulated by Trade Marks Act, 2009 and Trade Marks Rules, 1963. However, any individual claiming to be the owner of a trademark needs to apply to register the trademark in Bangladesh. The registration process has been explained below step by step–
STEP 1: SEARCHING FOR TRADEMARK REGISTRATION
A proper searching is necessary to ensure that nobody has registered the mark earlier. But searching is not mandatory. It generally takes 2 (two) to 3 (three) days to conduct the searching.
STEP 2: POWER OF ATTORNEY:
A foreigner or entity can file a trademark application through their representative in Bangladesh or authorised lawyer. Therefore, a power of attorney has to issue in favour of a lawyer or to the representatives.
STEP 3: FILLING AN APPLICATION FOR TRADEMARK REGISTRATION
a) Required Documents/information
An application has to be submit along with few 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 signatory’s name and position
- Status of the application i.e. manufacturers/merchandisers/ service providers
- Specification of goods/ service/class
- Trademark date of user (whether the mark is in use or proposed to be used in Bangladesh)
- Power of Attorney authorizing to the lawyer if it requires
b) Government Fee For Trademark Application:
The government fee for filing the application for registration is 3500 (three thousand and five hundred taka) or equivalent to USD. 42 (Forty Two). You can get more information on government fee for registration here.
c) Jurisdiction To File A Trademark
The application needs to file at the Head office or any branch of the Trademark Registry having territorial jurisdiction over the principal place of business. Furthermore, If the person does not carry on business in Bangladesh, the application needs to file in the office having territorial jurisdiction over the place mentioned in the address for service in Bangladesh.
STEP 4: ACKNOWLEDGEMENT OF APPLICATION
Upon receiving the application along with government fee, the Registrar will issue an automatic generated receipt. The receipt includes information related to trademark filing, e.g. Application Number, application date, trademark, etc.
STEP 5 : EXAMINATION OF APPLICATION
The Registrar examines the trademark for uniqueness, matching or resemblance with existing registered trademarks. If Registrar becomes satisfied, a Letter of Acceptance will be issued for the mark to be published in the Trade Marks Journal.
STEP 6: PUBLICATION STAGE:
Thereafter, if anyone has any dispute as to the proposed trademark, he can raise it within 2 (two) months from the date of publication. The reason behind the journal publication is to invite the public for filing opposition against the registration of a mark.
STEP 7 OPPOSITION:
After publication of the trademark in the trademark journal, any person may within 2 (two) months from the date of the publication raise a dispute by giving notice of Opposition to the Registrar on Form TM-5. However, A government fee needs to pay for the notice of opposition of an amount of 2000 (two thousand taka).
a) Opposition Process
The Registrar having received the notice of Opposition, sends a copy of the Notice of Opposition to the Applicant. Thereafter, the Applicant will get an opportunity file a Counter-Statement with in 2 (two) months of receiving the notice. The Counter-Statement should contain the grounds in supporting the claim. The government fee for filing counter-statement is 1500 (one thousand and five hundred taka).
b) Counter Statement and Appeal:
Upon receiving the Counter-Statement, the Registrar will forward a copy thereof to the Opponent. Thereafter, the Registrar upon hearing from both the parties shall decide on disputed matter. However, an appeal can be made to the High Court against the decision of the registrar. However, the opposition proceeding should file within 120 (one hundred and twenty) working days from receiving the order thereof.
STEP 8 : REGISTRATION
Above after, If there is no dispute against the trademark publication, after the expiration of the 2 (two) months period, the Registrar will inform to pay the required fee. Thereafter, the Registrar after receiving the fee to issue a Certificate of Registration for the trademark. A registered trademark is valid for (7) seven years from the date of filing.
SEP-9 RENEWAL OF TRADEMARK REGISTRATION
A Trademark can be renewed in Bangladesh from time to time for an unlimited period upon payment of the renewal fees. However, Failure of renewal may cause of a removal of registered trademark from the Register. The renewal term can be for a period of 10 years. Please do remember, Application for renewal of a trademark should make not more than six (6) months before the expiration of the last renewal.
NEED ANY LEGAL HELP?
Counsels Law Partners (CLP) offers services on Trademark Registration and other related matters. However, If you need any legal help or clarification about Trademark Registration Process in Bangladesh, please reach us at:
Phone:+8801700920980 (WhatsApp). +8801947470606. Address: House 39, Road 126 (3rd Floor) Islam Mansion, Gulshan-1, Dhaka.