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Trademark in Bangladesh

At the trademark offices in Dhaka, applications to register trademarks in Bangladesh may be submitted on paper or online.
In addition to a list of products and services kept by the Bangladesh Trademarks Office, the 10th edition of the NICE Classification is followed by the Bangladesh trademark office. For commodities in classes 1 through 34 and services in classes 35 through 45, mark registration is permitted. Only single class applications are accepted by the Bangladesh trademark office.

Overview

As Bangladesh is a party to the Paris Convention for the Protection of Industrial Property, convention applications with a claim to priority may be submitted there. To claim priority, a certified copy of the priority document is required. In Bangladesh, the same may be submitted three months after the application date.

In Bangladesh, applications may be submitted either as claims of use of the trademark there or as declarations of intent to use.

In order to decide whether to award protection, a trademark application submitted in Bangladesh is assessed on both absolute and relative grounds. Within three months after receiving the examination report, the answer to the objections must be sent. Once the trademark office approves the application, it is published in the trademarks journal and is subject to opposition for a period of two months from the date of publication. By adding one month at a time, this opposition period may be prolonged by an additional three months.

The trademark registration is valid for 7 years and is renewed every 10 years. Anytime in the six months leading up to the registration's expiry or previous renewal's validity, a request to renew a trademark registration may be submitted. During six months of the validity date and after the expiration, late renewal is also an option. After six months but before one year from the registration's validity date, the registration may be restored.

If a trademark has not been used for five years and one month previous to the filing of the cancellation petition, the trademark may be struck from the register.

It is possible to register trademark assignments with or without the goodwill of the company, changes in the applicant's or proprietor's name or location, and registered user agreements. It is also feasible to make changes to a registered trademark without significantly changing its identity or the list of products and services that the registration of the trademark covers.

In Bangladeshi law, it is an offence to use the ® sign on an unregistered trademark, produce, import, or sell counterfeit products. Legal action may be brought before the District Courts or Bangladesh's High Court.

Trademark Registration Process :-

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

  1. 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
  2. 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.
  3. 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).

  1. 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).
  2. 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.

Requirements :-

NEW TRADEMARK / SERVICE MARK APPLICATION :-

All information/documents are to be in English or a certified/notarized translated copy of the same in English in the form of an affidavit is required.

Required information:
  1. Name, address and the incorporation/nationality particulars of the applicant.
  2. The depiction of the trademark (word or label in jpg/png format). If the mark is a lable/logo then the same cannot exceed 10cm x 10cm in size.
  3. Description of goods/services.
  4. In case the mark is claiming colors/color combination, then a clear indication and /name(s) of the colors used.
  5. If the trademark is in any other language other than English then a translation/transliteration of the same in English with a sworn statement.
  6. In case priority is claimed, the priority application number, filing date and the priority country.
Required documents:
  1. Power of attorney in original. Notarization/legalization is not required. The POA should also be signed by two witnesses whose names and addresses should be given. Individual POA is necessary for each application. Applications cannot be filed without the POA.In case priority is claimed a certified copy of the priority document. The priority document can also be submitted within three months from the date of filing the application in Sri Lanka.
Change of Application Name/Address :-
Required documents:
  1. Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date after filing the application.
  2. Certified copy of the name change document in English or a verified translation of the same in English.
CHANGE OF OWNERSHIP BY ASSIGNMENT OR MERGER :-
Required documents:
  1. Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date after filing the application.
  2. Notarized copy of the assignment deed containing clear information about the Indian trademark application(s), valid consideration and mention of the transfer of goodwill or certified copy of the merger document in English or a verified translation of the same in English.
  3. An affidavit of no pending litigation and in support of the transmission of rights
  4. A statement of case of ownership change
RENEWAL OF A TRADEMARK REGISTRATION :-

Required documents:
Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date after filing the application.

FAQ

1. How can I get trademark in Bangladesh?
An applicant has to file application for the registration of a trademark to the Trademark Registry Wing of the DPDT. Service Marks can also be registered in Bangladesh. Applicants can apply for registration of service marks in Bangladesh. The International Nice Classification of Services is applicable for this purpose.

2. How can I protect my trademark in Bangladesh?
For Trademark Registration in Bangladesh, an application has to be filed with the Department of Patents, Designs, and Trademarks (DPDT), Dhaka. Once the trademark is registered, it lasts for a period of 7 years from the date of application, renewable every 10 years on payment of the required fee.

3. What trademarks are not allowed?
Trademarks which contain or comprise matter likely to hurt the religious susceptibilities of any class or sections of citizens of India. Trademarks which contain or comprise scandalous or obscene matter. If the usage of the trademark is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950.

4. How much does it cost to get trademark?
between $250 and $750
When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $250 and $750. According to the USPTO website, the trademark fees you'll pay depend on: The number of trademarks you seek.

5. How do you qualify for a trademark?
Two basic requirements must be met for a mark to be eligible for trademark protection: it must be in use in commerce and it must be distinctive. The first requirement, that a mark be used in commerce, arises because trademark law is constitutionally grounded in the congressional power to regulate interstate commerce.

6. Can you trademark a logo?
A unique logo can be trademarked by registering it with the USPTO. Anyone can apply online on the USPTO website if the business for which they're authorized to file is principally located inside the U.S. If based outside the U.S., a patent attorney will be required to make the filing.

7. Is it free to trademark a logo?
Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

8. Can I trademark my name?
You can trademark your name if it has business or commercial value. Trademarking your name gives you an additional brand and keeps others from using your name. To trademark your name you must meet specific requirements with the U.S. Patent and Trademark Office (USPTO).

9. What is difference between logo and trademark?
A trademark protects a slogan, phrase, word, company name, logo, or design that identifies a company and/or its goods. A logo is a symbol or design used by a company that may fall under trademark protection laws.

10. Do Youtubers trademark their names?
A YouTube Channel is an entertainment service, which is protectable by trademarks. So, you can trademark your YouTube Channel name, logo, and slogan used to promote your YouTube channel.

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