Registering a trademark in Bangladesh is an essential stage in the intellectual property protection process in today’s globalized world, when brands themselves carry enormous value.
In Bangladesh, an economy that is expanding at a rapid pace, the process of registering a trademark in Bangladesh follows a regulatory framework designed to protect company interests and foster a friendly environment for innovation and entrepreneurship.
This article provides a comprehensive idea about registration trademark in Bangladesh. It discusses various topics, including what can be registered, reasons for refusal, process of trademark registration, required documents, opposition process, costs involved and significance of trademark registration in Bangladesh.
Trademarks are particularly important in Bangladesh as they protect the identity of companies and products as well as their integrity. Products or services offered by a firm can be distinguished from products offered by other businesses in the market by using a trademark, which can be a word, phrase, symbol or design.
Protection of intellectual property rights through trademark registration has become an increasingly important requirement in light of the increasing level of competition in the economic environment.
Trademark registration is very important
Registration of a trademark provides legal protection and exclusive rights to the owner, thus prohibiting competitors from using the trademark or imitating it without permission.
This not only protects the brand identity, but also increases the trust and loyalty of customers. Businesses run the risk of infringement if they do not properly register their products or services, which can lead to legal disputes and financial costs.
Proceeding with trademark registration in Bangladesh
Eligibility criteria
In Bangladesh, the process of registering a trademark is open to any person, corporation or legal entity engaged in commercial activity.
Making an application
A trademark application must be submitted to the Department of Patents, Designs and Trademarks (DPDT) along with the necessary documents and fees to complete the application process.
Procedure for Examination
After receiving the application, the DPDT will conduct a comprehensive review to assess whether the trademark meets the legal criteria and the degree to which it is unique.
A Publication in Journal of Trademark Affairs
A trademark journal is where approved trademarks are published so that the general public can review them. The period in question allows any concerns or opposition to be expressed.
Duration of the opposition
If no objection is submitted within the allotted time frame, the trademark registration process will continue. However, if concerns are raised, a hearing may be held to resolve the dispute.
Registration Certificate
Upon successful completion of the procedure for registering a trademark in Bangladesh, DPDT will issue a registration certificate to the owner of the trademark. This certificate will provide legal recognition and protection to the owner.
Some of the benefits of registering your trademark in Bangladesh
Protection from the law
Registration of a trademark gives the owner the exclusive right to use the mark and the ability to take legal action against those who infringe or use the mark without permission.
Exclusive use right
The owner of a registered trademark is granted exclusive permission to use the mark in connection with defined goods or services. Registered trademarks are granted nationwide protection.
Brand recognition
There is a correlation between a registered trademark and increased brand visibility and awareness, making it easier for customers to recognize and trust the products or services provided by the firm.
A differentiator in the market
Businesses are able to differentiate themselves in a market crowded with competitors by registering their trademarks, which helps build client preference and brand loyalty.
Common mistakes that are made during the trademark registration process
When filing for trademark in Bangladesh registration, it is essential to avoid common errors such as choosing general or descriptive phrases, failing to do a complete trademark search, or failing to keep sufficient paperwork. Other common pitfalls include failing to maintain proper documentation.
Trademark in Bangladesh Renewal Process
Trademark registrations are allowed to be renewed indefinitely by submitting a renewal application with the requisite fee. Trademark registrations are valid for 10 years from the date they were filed.
Trademark Infringement and Enforcement of Rights
A trademark owner has the legal right to initiate legal proceedings against a party infringing their trademark in order to protect their intellectual property rights in the event of a trademark infringement. Depending on the severity of the situation, enforcement procedures can include a ban, monetary damages, or even criminal prosecution.
Some Importance Question
What Kinds of Things Are Possible to Register as Trademarks in Bangladesh?
When it comes to trademark registration in Bangladesh, any sign that is capable of being represented graphically and that differentiates the products or services of one enterprise from those of other businesses is eligible for registration.
Names, words, symbols, and gadgets, as well as any combination of these, are included in this category. Nevertheless, trademarks that are devoid of any distinguishing characteristics, that are merely descriptive of the products or services, or that are in violation of public morals or order are not eligible for registration.
There are a number of reasons why a trademark application in Bangladesh is denied. It is possible for trademark applications to be rejected in Bangladesh for a variety of reasons, including the fact that the proposed mark does not possess uniqueness, is misleading, or closely mimics trademarks that are already in existence.
The rejection of marks that are deemed to be offensive or that are in violation of public policy is another possibility. It is essential for applicants to undertake exhaustive research to verify that their proposed mark does not infringe upon any existing trademarks. This will help applicants reduce the likelihood of their trademark application being denied.
The Procedures Included in the Registration of Trademarks in Bangladesh
The procedure of registering a trademark in Bangladesh consists of numerous phases, including the following:
First Step: Submitting Your Application
The preparation of an application to be submitted to the Department of Patents, Designs, and Trademarks, which is part of the Ministry of Industries, is the first stage in the process of registering a trademark.
The following information is required to be included in the application:
- An application form that has been filled out.
- An illustration of the trademark in question
- Specific information on the applicant, including their name, residence, and nationality
- There is a list of products or services that are being sought registered for.
- If it is relevant, a power of attorney power
Examination by the Trademarks Registry.
The Trademarks Registry will conduct an evaluation of the application once it has been submitted in order to determine whether or not it satisfies the criteria of the law. During this assessment, the identification of the uniqueness of the mark and the verification of its eligibility for registration are both included.
Publication in the Journal of Trademark Professionals
The application is then submitted for publishing in the Trademarks Journal, which is made accessible to the general public, if it is found to be in compliance with all of the conditions. A notification to third parties about the pending trademark application is provided by the publication, which also gives them the option to object to the application.
Proceedings Against the Opposition
The ability to contest the registration of a trademark is given to third parties within a certain time frame, which is normally sixty days, after the publication of the trademark in the Trademarks Journal. Among the possible grounds for objection are the existence of previous rights, the absence of uniqueness, and the breach of public policy. In order to maintain the integrity of the trademark system, the opposition processes make it possible to resolve issues that arise between marks that are in conflict with one another.
Registration and the Occupation of a Certificate is the Fifth Step
The trademark is registered, and a certificate of registration is granted to the applicant, provided that there is no objection to the trademark or that the opposition is successfully resolved. The registration provides the applicant with the exclusive right to use the trademark in connection with the products or services that have been defined via the registration.
The Documents That Are Necessary for the Registration of a Trademark in Bangladesh
In order to begin the process of registering a trademark in Bangladesh, applicants are needed to provide the papers that were specified above. There is also the possibility of submitting any supporting papers or information that substantiates the uniqueness of the mark in order to bolster the application.
The Procedure for Opposition to Trademarks in Bangladesh for
Within a certain amount of time after the trademark has been published in the Trademarks Journal, third parties have the chance to use their right to object to the registration of a trademark. The procedure of opposition enables for the settlement of problems between marks that are in conflict with one another and guarantees that only trademarks that are qualified for registration are registered.
Prices Paid for Trademarks in Bangladesh
Application fees, publication fees, and registration fees are all included in the expenses that are connected with registering a trademark in Bangladesh. Applications for several classes of the same trademark may be submitted in Bangladesh by submitting separate applications for each class.
Filing stage:
| Professional fee per class | $85 |
| Government fee per class | $60 |
Publication stage:
| Professional fee per class | $90 |
| Government fee per class | $35 |
| Professional fee per class | $130 |
| Government fee per class | $230 |
When should you file a trademark in Bangladesh?
Businesses can protect their brand identity and reputation, get exclusive rights to use the trademark, take legal action against infringement, improve their market presence, possibly find licensing and franchising opportunities, and raise the value of their intangible assets by filing a trademark in Bangladesh.
In conclusion
Registering a trademark is an important step for companies in Bangladesh to take to protect their brand name and intellectual property rights. Companies can protect their image, stay competitive in the market, and build trust and loyalty among customers by getting their logos legally recognized and giving them exclusive rights to them.