TRADE MARKS AND SERVICE MARKS
Procedure for filing Trade Mark in Bhutan
The trade mark filing process in Bhutan in governed and regulated by Industrial Property Act of 2001. Registering a trademark gives the owner the exclusive rights with respect to the trademark. It is not compulsory to register the Trade mark before using it. Bhutan follows the International Classification of Goods and Services as prescribed by the Nice Agreement to classify trademark and also it is possible to file applications in all 45 classes in Bhutan. Bhutan is member of Madrid, thereby making it possible to file international applications.
Trademark Applications in Bhutan can be classified under two categories, which are:
- Ordinary trade mark application (without any priority)
- Conventional trade mark application (which has to be filed within 6 months from date of filing of conventional application).
It can be further noted that the Trade Mark application can be filed for a single class as well as multi class.
Trademark filing requirements in Bhutan
Following are the basic requirements for filing of a trademark application in Bhutan:
- Name, address, nationality and particulars of the applicant (whether individual, society, trust, partnership firms or company)
- International Class
- Description of goods or services
- User date in Bhutan or proposed to be used
- Details of priority, if any, including application number, date of filing and country of filing
- Translation and transliteration (pronunciation) in English, if mark is in Language other than English language.
It is also to be noted that 12 copies of the trade mar specimen will be required, if provided in print form or single copy if provided soft copy vide email and for shape of goods 3-5 different views (e.g. top, bottom, left side, right side and front view).
Stages for Registration of a trade mark in Bhutan:
- Filing of trademark application, which can be filed by any person, who claims to be the proprietor;
- In this stage, the Formality Examination of the Application takes place to check and determine the formal compliance before issuance of a Application number;
- After this, the trade mark application is examined by the Trade Mark Registry for any similarity with the existing trade mark, if any and thereby if any objection is found, an examination report will issued by the Trade Mark Registry;
- Reply has to be filed to the examination report within 2 months (which can also be extended by 2 months)
- If there are no objections or if objections have been overcome and the trade mark is considered allowable, acceptance order is issued;
- The trade mark is thereby published in the Trade Mark Journal;
- Opposition, if any, has to be raised within 3 months from date of publication of the application;
- Trade mark is registered if no opposition if filed with the stipulated time period or if the same is set aside
- The last stage is - Issuance of Registration Certificate.
Trade mark registration is a long process and may take 12-18 months to obtain registration in case no opposition takes place.
The duration of registration of a trademark is 10 years from the date of filing of application in Bhutan which is further renewable for every 10 years thereafter, from the date of expiration of the trade mark..