Trademark Registration in Bangladesh – The Complete Process

Tahmidur Rahman

Managing Partner

Any individual who claims to be the owner of a trademark may apply in Bangladesh to register the trademark.

The same is then examined by the Trademarks Registry, Dhaka on its intrinsic registrability criterias and/or  whether there’s any resemblance with current marks after filing the trademark request. If any objection is raised, the Trademarks Registry will issue an official review report. It is essential to file a reply to the examination report together with the supporting papers displaying the marks as used to resolve the objection.

If the following examination is deemed allowable, a trademark request will be awarded and the trademark will be released in the Trademarks Journal afterwards. If no opposition is lodged within 2 months or within such further period, not exceeding 3 months in total, from the date of advertising in the Trademarks Journal, the certificate of registration of the trademark shall be awarded.

Can a foreign owner apply for the registration of a trademark?

 

Yes, overseas owners can apply by signing POA (a prescribed form) to register a trademark in Bangladesh through a trademark attorney. The Bangladesh Trademarks Act is TRIPS-obedient and protects well-known trademarks and acknowledges trans-border reputation.

 

A glance at the process of registration of trademarks:

 

1. Search for accessibility: find out if the trademark is already in use or registered by someone else before applying for trademark registration.

2. Application: Collect and submit your corresponding DPDT registration form after proper filling.

3. Acknowledgement of Application: The Registrar issues Official Filing Receipt upon receipt of the implementation. The document includes all appropriate trademark filing information, e.g. Application Number, application date, trademark, etc.

4. Examination of the application: the trademark is examined after obtaining the application registrar for 2 problems: a) distinctiveness and b) overall compliance with the demands of the law.

5. Letter of approval: if the request satisfies all the criteria, the registrar issues a letter of approval for the mark to be advertised in the Trade Marks Journal for opposition purposes. Otherwise, the Registry raised objections concerning objections seeking written response.

6. Refusal of Application: For several reasons, your implementation may be denied. However, you must submit a response to the display cause notice when it occurs and may otherwise seek a hearing in the matter within three (3) months; the request will be dropped.

7. Application acceptance: If the examiner meets the application and specifications, the registrar recognizes the Trade Marks Journal mark for advertising.

8. Opposition: If the Trade Mark Journal advertises a trademark for opposition, any individual may notify the Registrar of the resistance on FormTM-5 within two months of the date of publishing.

9. Registration: If no opposition is obtained at the expiry of the opposition period or the opposition is determined and settled in favor of the applicant, the registrar shall issue a trademark registration certificate upon payment of the prescribed fee.

10. Registration date: the trademark’s registration date will be the filing date.

11. Registration validity: A licensed trademark shall be valid for an original period of seven (7) years from the date of registration and subsequently renewable for consecutive periods of ten (10) years.

12. Time requirements: if all goes well, the total process should not exceed one or two weeks. Often, however, it requires longer than usual. You have to complete it all manually in DPDT. So, if things take longer, wait and rise soon if you have any emergency.

13. Cost: The real cost should not exceed BDT 2 to 4000.00 depending on all problems; however, you also need to add some speed cash in your budget to make the process as seamless as possible.

“For several reasons, your implementation may be denied.”

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