How to Register a Trademark in Bangladesh
Complete Guide to Trademark Registration in Bangladesh: Process, Phases, and Legal Requirements
Overview of Trademark Protection in Bangladesh
In Bangladesh, a trademark represents distinctive signs, designs, or expressions that identify and differentiate the goods or services of one enterprise from those of others. Protected under the Trademarks Act of 2009, trademarks provide legal rights that safeguard the unique identity of a brand or product. Registration grants exclusive rights for an initial period of seven years, which can be renewed indefinitely upon payment of the required fees. This ensures continuous protection and legal recognition for trademarks.
Protect the brand you’ve worked so hard for.
Protect Your Brand Identity
Strengthen Intellectual Property
Prevent Future Issues
What is a trademark?
Protecting your trademark can pay dividends. Not only is it a valuable property asset, but it’s also your brand and your reputation. The reputation you’ve established is associated with these different brand elements: your name, logo, and tagline. It is also the reason why people buy from you. It’s important to take steps to protect these crucial company assets. With trademarks, there are many legal requirements, strict time deadlines, and the filing fees are not refunded by the BD Trademark Office if you mess up. A top trademark professional will do the research to make sure the mark isn’t already taken, ensure the filing gets accepted by the Office and provide sound legal advice throughout the entire process.
What benefits of a trademark
Strengthen Your Intellectual Property
The process can be complex and lengthy. You are likely focused on developing your company and are probably working full-time in that capacity. Taking on this task yourself can limit your ability to focus on your business.
Prevent future issues
Receive proactive legal risk management that will help you avoid problems before they arise by tapping into senior attorneys with considerable business experience.
What can you trademark?
What is a service mark?
A trademark is essentially a brand name. It’s a word, phrase, symbol, and/or design that distinguishes the source of goods of one party from another. A service mark is any word, name, symbol, device, or any combination, used (or intended to be used) in commerce to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.
When should I get one?
It depends on a myriad of factors, but a lot of businesses will trademark and incorporate simultaneously. It’s advisable to trademark at least your name and logo in order to prevent others from ripping off your company and be provided a legal recourse if this ever happens.
Is my trademark protected?
Although common law trademark rights exist, it takes a lot more time and effort to prove your rights. Also, common law rights only extend to the geographic area your business is in, rather than being protected throughout the entire country if you register it with the Trademark Office.
Types of Trademarks Eligible for Registration
There are several types of trademarks eligible for registration in Bangladesh:
•Word Marks: Comprising distinctive words, letters, or numerals, used to distinguish goods or services.
•Device Marks: Including logos, symbols, or graphical elements that serve as brand identifiers.
•Composite Marks: Combining words and devices for a unique and recognizable representation.
•Service Marks: Identifying specific services rather than physical goods.
•Collective Marks: Used by members of an association, indicating a collective effort or standard.
•Certification Marks: Showing compliance with certain defined standards, often indicating the quality or origin of goods.
There are several trademark classes and one may select any of them based on their business requirements.
Step by Step Trademark Registration Process in Bangladesh
The trademark registration process in Bangladesh consists of multiple phases, each with specific steps to ensure compliance with legal standards and requirements.
Phase 1: Pre-Filing Assessment
Trademark Search: A comprehensive trademark availability search is the first crucial step. This search helps to assess the potential conflicts with existing marks and to determine whether the proposed mark is distinctive and registrable.
Documentation Preparation: The necessary documents for filing include a notarized and legalized Power of Attorney, priority documents (if convention priority is claimed), proof of use if applicable, and a certificate of incorporation if the applicant is a corporate entity.
Phase 2: Application Filing
Submission Requirements: Filing the application involves submitting the TM-1 form to the Department of Patents, Designs, and Trademarks (DPDT) and paying the official fees. The specification of goods or services must follow the Nice Classification system, and six representations of the mark must be provided.
Classification Considerations: Applicants must decide between single-class or multi-class applications. Proper identification of goods and services and strategic classification choices are important for comprehensive trademark protection.
APPLICATION OF TRADEMARK
An application for the registration of a trademark shall include the following-
- Name of the Mark /Logo/Device prints or representation.
- Name of the Applicant.
- Address and nationality of the Applicant.
- Status of the applicant i.e. Merchandisers / Manufacturers /Service Providers
- Specification of Goods/Services and Class.
- User date of the mark (whether the mark is in use or proposed to be used in Bangladesh).
- General/specific power of attorney may be required.
Applicable fees are required to be paid.
Phase 3: Examination Process
Formal Examination: During the formal examination, the Registrar checks compliance with the filing requirements and verifies that all documents are complete.
Substantive Examination: The trademark undergoes a substantive examination where distinctiveness is assessed, and it is checked against both absolute and relative grounds for refusal. This ensures the mark does not infringe on the rights of existing trademarks and is compliant with statutory requirements.
Office Actions: If objections are raised, the applicant must respond to the examiner’s objections within a specified timeframe, usually two months. Responses may include arguments, evidence of use, or amendments to the application.
Phase 4: Publication and Opposition
Journal Publication: Approved trademarks are published in the Trademark Journal, allowing the public a two-month period to file an opposition if they believe the trademark infringes on their rights.
Opposition Proceedings: During the opposition period, any third party may file a notice of opposition. The applicant is required to provide a counter-statement, and both parties can submit evidence. The Registrar conducts hearings and issues a decision regarding the trademark’s registration.
Phase 5: Registration and Post-Registration
Issuance of Registration Certificate: After successful completion of the opposition phase (or if there is no opposition), the trademark registration fees must be paid, after which the Registrar issues a Certificate of Registration.
Maintenance Requirements: Trademarks must be renewed every seven years. The owner must also use the trademark to avoid cancellation due to non-use. Any assignments or licenses should be recorded with the Registrar to maintain full legal protection.
Specific Considerations for Foreign Applicants
Legal Representation: Foreign applicants must appoint a registered trademark attorney in Bangladesh. A Power of Attorney is required, which must be notarized and legalized by the Bangladesh Embassy.
Priority Claims: Foreign applicants can claim priority under the Paris Convention, provided the application is filed within six months of the priority date. A certified copy of the priority application must be submitted along with an English translation if the original is not in English.
Enforcement and Protection
Rights Conferred: Trademark registration confers the exclusive right to use the trademark in Bangladesh, prevent unauthorized use, and grant licenses or assign the trademark to others.
Enforcement Mechanisms:
Civil Remedies: Trademark owners can seek injunctions to prevent further infringement, claim damages, and demand an account of profits made from the unauthorized use of their mark.
Criminal Penalties: Trademark infringement may also attract criminal penalties, including fines and imprisonment for willful infringement.
Border Measures: Trademark owners may also seek customs recordal to prevent the importation of infringing goods and enable their seizure.
Strategic Considerations
Portfolio Management: Regular audits of the trademark portfolio, subscribing to trademark watching services, and timely renewals are vital to maintaining effective protection.
Commercial Aspects: Trademark owners may explore opportunities to license their trademarks, assess the financial value of their trademark assets, or use their trademark in franchising agreements to expand their business.
Common Challenges and Solutions
Lengthy Processing Times: Trademark applications in Bangladesh may take considerable time to process. Strategic use of expedited examination and proactive follow-up with DPDT can help reduce delays.
Distinctiveness Objections: If objections regarding distinctiveness are raised, applicants can submit evidence of acquired distinctiveness, such as proof of extensive use, to overcome these objections.
The trademark registration process in Bangladesh is designed to ensure that the rights of trademark owners are well-protected, while providing a robust mechanism for preventing infringement and misuse. Legal guidance throughout each stage of the registration process is essential to secure and maintain trademark rights effectively.
Why Choose LegalSeba.com for Trademark Registration in Bangladesh?
Expertise: Our team is highly knowledgeable in Bangladeshi trademark regulations, providing expert guidance throughout the registration and protection process to ensure your intellectual property rights are secured effectively.
Efficiency: We simplify the trademark registration process, reducing administrative complexities and ensuring the timely filing and approval of all necessary applications and documents.
Compliance Assurance: We conduct thorough compliance checks, ensuring adherence to all regulatory requirements, minimizing the risk of objections or refusals by the authorities.
Personalized Service: Our tailored approach meets the unique needs of each client, offering dedicated support and customized solutions for your trademark requirements.
Contact Us
To learn how LegalSeba.com can assist you with your trademark registration and protection in Bangladesh, reach out to us at:
Phone/WhatsApp: +8801753718223
Email: [email protected]
Let LegalSeba.com be your trusted partner in navigating the intricacies of trademark registration and protection in Bangladesh.
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