What is trademark?

Trademark is a unique symbol, word, phrase, design, or combination of these elements that distinguishes and identifies the goods or services of one business from those of another. Trademarks play a vital role in business by helping consumers to recognize and differentiate between different products and services.

The Trademarks Act 2009 governs the registration and protection of trademarks in Bangladesh. To obtain trademark protection in Bangladesh, the trademark owner must apply to the Department of Patents, Designs and Trademarks (DPDT) under the Ministry of Industries. Once the trademark is registered, the owner has exclusive rights to use the mark in connection with the goods or services for which it is registered.

Trademark owners in Bangladesh can enforce their rights through legal action against any person or entity that uses their mark without permission or in a way that could create confusion in the market. The penalties for infringing a trademark in Bangladesh can include fines and imprisonment, as well as orders to pay damages and cease using the infringing mark.

Who can register a trademark in Bangladesh?

Anyone, from individuals to companies, can register a trademark in Bangladesh, regardless of their nationality or location. However, foreign applicants must appoint a local agent to represent them.

How to register a trademark in Bangladesh:

  • Conduct a trademark search: Ensure your desired trademark isn’t already registered by someone else.
  • Prepare and file the application: Include details like the trademark, applicant information, and goods/services the mark will cover.
  • Examination and publication: The Registrar examines the application for compliance and distinctiveness. If approved, it’s published in the Trademark Journal.
  • Opposition period: Anyone can oppose the registration within two months of publication.
  • Grant of registration: If no opposition or opposition is resolved in your favor, your trademark is registered for seven years.

Procedure Timeline:

The entire process can take between 6 and 36 months, depending on the workload at the Registry and potential opposition.

Additional notes:

  • Trademarks can be renewed indefinitely in 10-year periods.
  • Seeking professional assistance from a trademark attorney is recommended for a smooth and successful registration process.

Useful Resources:

Feel free to ask any further questions you may have!

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