Journal – IP Bangladesh

Final stage before a certificate is issued in Bangladesh

What is Trademark Publication?

After you file a trademark application with the Department of Patents, Designs, and Trademarks (DPDT), it undergoes an examination process. If there are no objections, your trademark will be published in the official Trademark Journal. This publication allows interested parties to file oppositions or objections to the application within a certain timeframe i.e., within 2 months from the date of publication.

Purpose of Publication:

Provide notice to the public about the application.
Allow others to oppose registration if the trademark conflicts with theirs.
Ensure only valid and enforceable trademarks are registered.

Procedure for Trademark Publication in Bangladesh:

Examination: DPDT examines the application for compliance and non-conflicts.
Acceptance: If compliant, the application is accepted.
Publication: Accepted application is published in the Trademark Journal for 2 months.
Opposition: Interested parties can file objections during the publication period.
Certificate of Registration: If no opposition or opposition is unsuccessful, the trademark is registered and a certificate issued.

Feel free to ask any further questions!

Purpose of Publication:

Provide notice to the public about the application.
Allow others to oppose registration if the trademark conflicts with theirs.
Ensure only valid and enforceable trademarks are registered.

Relevant Trademark Laws:

Trademarks Act, 2009: Provides for registration, requirements, procedures, and rights of trademark owners.
Trademarks Rules, 2015: Detailed procedural rules for registration, including publication process.
Section 19 of the Trademarks Act, 2009: Mandates publication of accepted applications in the Trademark Journal.
Rule 18 of the Trademarks Rules, 2015: Specifies requirements for the content of the Trademark Journal.

Stage	Description	Timeline
Examination	DPDT verifies compliance and non-conflicts.	Up to 3 years
Acceptance	If compliant, the application is accepted.	Varies
Publication	Application details published in the Trademark Journal.	2 months
Opposition Period	Anyone can file objections during this time.	2 months
Registration	If no opposition or opposition is unsuccessful, the trademark is registered.	Varies

Docs & Info

Advisable for viability and avoiding infringement

Word-mark Search: Follow Nice Classification.
Device Mark Search: Search for figurative trademarks.
Trademark Search Report: Ensure trademark uniqueness.

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Application

Requirements to file a trademark application in Bangladesh

Power of Attorney (POA): A scanned copy is sufficient. No need for an original, notarization, or legalization.
Applicant’s Information: The full name and address of the applicant are required. If the applicant is a company, the name and designation of the signatory (like a director or chairman) are also needed.
Mark Description: A description of the Mark or a copy of the Label/Logo/Device Mark is necessary.
Priority Application: A certified copy can be filed in Bangladesh within 6 months from the priority date. If claiming priority, this must be filed within 3 months from the date of filing in Bangladesh. If the document isn’t in English, a notarized English version is needed.

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Renewal

Steps to renew a trademark in Bangladesh

Renewal: Submit to DPDT 6 months before expiration.
Info: Include registration number, date, fee receipt, and POA.
Late Renewal: Pay late fee if filed within grace period.
Acceptance: If accepted, registration renews for 10 years.
Non-renewal: Lapses if not renewed, losing exclusive rights.

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Assignment

Steps for the assignment of a trademark in Bangladesh

Sure, here’s a brief version:
Agreement: Signed written agreement between assignor and assignee.
Application: Joint application to DPDT, signed by both parties or representatives.
Notice: DPDT publishes notice in Trademark Journal.
Verification: DPDT verifies and registers assignment, issues new certificate.
Fees: Payment of prescribed fees.
POA: Simple POA required.

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Change of Record

Requirements to change record in Bangladesh

Notarized Document: A document in support of the change, which must be notarized.
Power of Attorney (POA): This document doesn’t need to be legalized. If a POA for filing the mark already exists, another one isn’t needed. The signatory must clearly write their name and designation in the POA. Initially, a scanned copy of the POA is sufficient, but the original hard copy must follow immediately.
Certificate Copy: A copy of the certificate is required.

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Opposition

Steps for filing an opposition in Bangladesh

Opposition Notice: Submit to DPDT within objection period.
Opposing Party’s Info: Include name and address.
Opposition Grounds: Specify reasons.
Trademark Details: Provide opposed trademark info.
Evidence & Arguments: Include supporting details.
Fee: Pay if applicable.

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FAQs

Who can apply

Regular application without claiming priority

There is no restriction on foreigner to file a trademark applicaiton in Bangladesh.

Foreign applicant must file through a local law firm or agent.

Type of applications:

Regular application without claiming priority

Convention application claiming priorty from a convention country.

Multiclass possible?

Muliticlass applicaiotn is not possible in Bangladesh.

Separate application must be filed for each class.

Claiming Priority:

Application claiming priority must be filed within six months from the date of filing in one of the convention contry.

A certified copy of the application filed in the convention country must be filed in Bangladesh within three months from the date of filing the application claiming priorty in Bangladesh.