What is trademark?
Comprehensive guide to understand and navigate the trademark registration process in Bangladesh
In Bangladesh, a 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:
- 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:
- Department of Patents, Designs and Trademarks (DPDT): https://www.dpdt.gov.bd/
- The Trademarks Act 2009: http://bdlaws.minlaw.gov.bd/
Feel free to ask any further questions you may have!
What is the Procedure to register a trademark in Bangladesh trademark?
Who can register a trademark in Bangladesh?
Steps
Step 1: Trademark Search (1-2 Weeks)
- Purpose: Ensure your desired mark is available and not already registered.
- Method: Search the DPDT database or consult a trademark attorney.
Step 2: Application Preparation and Filing (3-7 Days)
- Documents: Application form, clear representation of the mark, applicant details, and linked goods/services.
- Filing: Submit the application and official fee to the DPDT.
Step 3: Examination and Publication (6 Months – 3 Years)
- Examination: The Registrar checks the application for compliance and potential conflicts with existing trademarks.
- Publication: If approved, the mark is published in the Trademark Journal for public opposition.
Step 4: Opposition Period (2 Months)
- Public: Anyone can file an opposition if they believe the mark infringes on theirs.
- Response: If opposed, you or your attorney can file a response defending your application.
Step 5: Registration and Renewal (6-8 Months)
- Registration: If no opposition or successful resolution, your trademark is registered for seven years.
- Renewal: Renew indefinitely in ten-year terms for as long as you use the mark.
How to register a trademark:
- 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:
- Department of Patents, Designs and Trademarks (DPDT): https://www.dpdt.gov.bd/
- The Trademarks Act 2009: http://bdlaws.minlaw.gov.bd/
Feel free to ask any further questions you may have!
No Guarantee Can be Given About the Timeframe
| Steps | Description | Timeline (approximately) |
| Trademark Search | Check for existing similar marks to avoid potential conflicts | 1-7 Days |
| Application Preparation | Fill in prescribed Form with marks details, applicant information and relevant class. | 1 Day |
| Application Filing | Submit the application with the DPDT along with official fees. | 1 Day |
| Examination by DPDT | The Registrar of the DPDT reviews the application for compliance and potential conflicts. | 6 Months – 3 Years (depending on backlog) |
| Acceptance/Objection | If no opposition or resolved in your favor, the mark gets published in the Trademarks Journal for potential opposition (2-month window).If approved, an acceptance letter will be issued. If objection arises, it must be replied within 60 days | Depends on response and objection |
| Publication | If no opposition or resolved in favor of the applicant, the mark gets published in the Trademarks Journal for potential opposition (2-month window). | 6-8 Months, after the publication with no objection |
| Registration | If accepted or when objection is resolved in favour of the applicant, the mark gets registered for 7 years (renewable for 10 year terms). |
A synopsis clarifying the trademark publication process 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.
Docs & Info
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.