IP Bangladesh

-A Full Service IP Law Firm in Bangladesh

Enforcement

Infringement

Remedies for Trademark Infringement in Bangladesh:

Search Report
Application Procedure
Examination
Office Action
Journal Publication
Opposition
Certificate
Renewal
Litigation
Enforcement
Assignment
Change of Record
Download
Law
Pricing
Timeline
FAQs

Litigation etc.

I. Civil Remedies:

  • Injunctions: Court orders requiring the infringer to stop using the infringing trademark.
  • Damages: Monetary compensation for lost profits, harm to goodwill, etc.
  • Account of profits: Infringer must disclose and pay back profits made from infringement.
  • Delivery up or destruction of infringing goods: Orders confiscating and destroying infringing goods.

II. Criminal Remedies:

  • Fines: Up to 50,000 Taka per infringement.
  • Imprisonment: Up to 3 years per infringement.
  • Seizure of infringing goods: Confiscation of infringing goods by government.

III. Customs Enforcement:

  • Detention and confiscation of imported infringing goods.
  • Rights holder can obtain court orders for customs action.

IV. Administrative Remedies:

  • Registrar of Trademarks can suspend/cancel infringing registrations, impose fines, issue cease and desist orders.
  • Department of Patents, Designs and Trademarks investigates and takes administrative action.

Defenses for Infringers:

  • Fair Use (comparative advertising, news reporting).
  • Prior Use (demonstrate prior use of the trademark).
  • Non-Infringing Use (use doesn’t cause consumer confusion).
  • Lack of Knowledge (unaware of trademark existence).
  • Invalidity of the Trademark (owner’s registration is invalid).
  • Additional defenses: laches, estoppel, dissimilarity of marks, different customer bases, distinguishable goods/services.

Possible Steps:

  1. Consult with an experienced trademark attorney.
  2. Gather evidence of infringement.
  3. Choose the appropriate remedies to pursue.
  4. File a lawsuit or complaint with the Registrar of Trademarks.
  5. Negotiate a settlement with the infringer (optional).
  6. Obtain court orders or administrative action against the infringer.

Additional Notes:

  • This is a general overview, specific case details may require different approaches.
  • Seek legal advice for specific actions and strategies.
  • Consider registering your trademark for stronger protection.

I hope this summary is helpful! Let me know if you have any other questions.

Docs & Info

Search

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.
MORE DETAILS
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.
MORE DETAILS
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.
MORE DETAILS
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.
More details
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.
MORE DETAILS
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.
MORE DETAILS

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.