TRADE MARKS AND SERVICE MARKS
Trademark Filing Procedure in Bangladesh
The trademark filing in Bangladesh is governed by the Trade Marks Act 2009 and the Trade Marks Rules, 1963 and is obtained through the Department of Patents, Designs and Trademarks (DPDT).
Requirements for the Trade Mark Application:
- Name of the Applicant;
- Address and nationality of the Applicant;
- Mark /Logo/Device prints or their respective representation;
- Status of the applicant (Merchandisers, Manufacturers, Service Providers or others);
- Specification of Goods/Services and Class (International Nice Classification of Services is applicable for this purpose);
- Usage date of the mark (whether the mark is in use or proposed to be used in Bangladesh);
- General/ Specific Power of Attorney.
Procedure for filing Trade Mark in Bangladesh:
- Filing of the Application by the Applicant claiming to be the proprietor for single class only as multi class filing is not allowed in Bangladesh.
- Official Examination by the Trade Mark Registry, based on which the Registrar may either accept or reject or order to correct or modify the application. If application satisfies all the requirements registrar issues a Letter of Acceptance for the mark to be advertised in the Trade Marks Journal for the purpose of receiving opposition. Otherwise, the Registry raised objection seeking written reply regarding objections.
- On receipt of the Examination Report from the Registrar, Applicant has to submit a reply and may also seek a hearing in the respective matter within three months, failing to which the application will be abandoned.
- On acceptance of the Application by the Registrar, he shall provide a Journal Notification to the applicant for the advertisement of the mark, after which the applicant is required to deposit journal fees for the publication of the mark in the Trade Marks Journal.
- After the mark has been advertised, any person may give notice of Opposition to the Registrar in the prescribed form, within two months from the date of the publication.
- If no opposition is received at the expiration of the opposition period or the opposition is determined and resolved in favor of the Applicant, the Registrar is obliged to issue a Certificate of Registration for the trademark on payment of the prescribed fee.