Trademark registration in Bangladesh. Bangladesh is a country in South Asia. It is the eighth-most populous country in the world. Bangladesh is also one of the world’s fastest-growing economies and one of the fastest-growing middle-income countries. Many businesses want to expand into this country and thrive along with the development of Bangladesh. Therefore, it is crucial to learn about the procedure to register trademark in Bangladesh – one of the most important things in a business’s plan to succeed.
Necessary documents for trademark registration in Bangladesh
- Particulars of the mark/logo/device prints or representations
- Name of the applicant, address, and nationality. If the applicant is a firm then the signatory’s name and position are required.
- Status of the application i.e. manufacturers/merchandisers/ service providers.
- Specification of goods/ service/class.
- Trademark date of the user (whether the mark is in use or proposed to be used in Bangladesh)
- Authorized Power of Attorney (POA).
The applicant can file their application at the Head office or any branch of the Trademark Registry having territorial jurisdiction over the principal place of business. Besides, If the trademark owner does not carry on or intends to carry on business in Bangladesh, the application needs to be filed in the office having territorial jurisdiction over the place mentioned in the address for service in Bangladesh.
The government fee for applying for registration is 3500 BDT (Takas) or 42 USD.
The procedure of trademark registration in Bangladesh
Upon receiving the application along with the government fee, the Registrar will issue an automatically generated receipt. The receipt includes data related to trademark filing, e.g. Application Number, application date, trademark, etc.
The Registrar examines the trademark for uniqueness, resemblance, or similarity with existing registered trademarks. If there are no issues, a Letter of Acceptance will be published for the mark to be announced in the Trade Marks Journal.
Following, if any related parties have any dispute as to the proposed trademark, they can file for objection within 2 months from the date of publication.
If there is no dispute, after the end of the 2 months, the Registrar will notify the applicant for the payment of the required fee. When the fees are paid, the Registrar will publish a Certificate of Registration for the trademark. A registered trademark is valid for 7 years from the application date.
Renewal of a trademark in Bangladesh
A Trademark can be renewed in Bangladesh for an interminable period upon payment of the renewal fees. However, Failure of renewal may cause the removal of the registered trademark from the Register. The trademark can be renewed for 10 years.
The opposition to trademark registration in Bangladesh
After the publication of the trademark in the trademark journal, any related parties may file for opposition within 2 months from the date of the publication by giving notice of Opposition to the Registrar on Form TM-5. Nevertheless, the objectors need to pay 2000 Tk (two thousand takas) for service fees.
After the receiving of the notice of Opposition, the Registrar will send a copy of the Notice of Opposition to the Applicant. After that, the Applicant will get an opportunity to file a Counter-Statement within 2 months from the date of receiving the notice. The Counter-Statement should contain the grounds to support the claim. The government fee for filing a counter-statement is 1500 Tk (one thousand and five hundred taka).
Upon receiving the Counter-Statement, the Registrar will send a copy thereof to the Opponent. Consequently, the Registrar upon hearing from both the parties shall decide the conclusion on the disputed matter. Yet, if a party doesn’t agree with the result, they can file an appeal to the High Court against the decision of the registrar. Though, the opposition proceeding should file within 120 working days from the day they receive the order.
You can find a list of Bangladesh IP firms here.