Trademark registration protects intellectual property and ensures brand recognition and loyalty. In Bangladesh, the process involves several well-defined steps, each crucial for successful registration and protection against infringement. Below, we’ll explore a step-by-step guide merging the information from two distinct sources to provide a comprehensive overview of trademark registration in Bangladesh.
Understanding Trademarks
Trademarks are distinctive signs, symbols, or expressions representing a marketplace company, product, or service. They provide exclusive rights to their use, preventing unauthorized exploitation for commercial purposes. In Bangladesh, trademarks encompass words, logos, slogans, or combinations thereof.
Step 1: Searching for Trademark Registration in Bangladesh
Before initiating the registration process, conducting a preliminary trademark search is advisable to ensure the chosen mark is unique and not already registered. This helps avoid conflicts and potential rejection during the application process. Various online resources and databases facilitate comprehensive searches in Bangladesh.
To perform the search, submit FORM TM-4 along with the necessary fees:
- Government Fee: Tk 2000
- VAT: 15%
- Miscellaneous Cost: Tk 500
This search typically takes 2 to 3 days.
Step 2: Power of Attorney for Trademark Registration in Bangladesh
Foreign applicants or those filing through representatives must issue a Power of Attorney in favor of a lawyer or representative. This document is essential for legal representation throughout the Trademark Registration in Bangladesh process.
Submit FORM TM-10 with the following fees:
- Government Fee: Tk 1000
- VAT: 15%
Step 3: Filing an Online Trademark Registration Application
- Required Documents/Information:
Applicants must gather various details, including particulars of the mark, applicant’s information, and specifications of goods or services. The application is submitted to the appropriate Trademark Registry office, typically online.
- Jurisdiction to File:
The application can be filed online through the designated Trademark Registry office. Government fees and VAT apply as per the regulations.
The application can be submitted online through the appropriate Trademark Registry office, and the fees are as follows:
- Government Fee: Tk 5000
- VAT: 15%
Step 4: Acknowledgement of Application
Upon submission, applicants receive an automatically generated receipt containing essential filing information. This serves as a confirmation of application submission for Trademark Registration in Bangladesh.
Step 5: Examination of Application for Trademark Registration in Bangladesh
The Registrar examines the trademark for uniqueness and compliance with formalities and substantive requirements. If satisfied, a Letter of Acceptance is issued, and the mark is published in the Trade Marks Journal. This process takes approximately 3-6 months.
Step 6: Publication in Journal Stage
The proposed trademark is published in the Trade Marks Journal, inviting the public to raise Opposition within a specified period. Pay the journal fee within one month to avoid the application being declared abandoned.
Submit FORM TM-9 for publication:
- Government Fee: Tk 3000
- VAT: 15%
Step 7: Opposition (if needed)
Interested parties can file a dispute within the specified period by submitting a notice of Opposition. The process involves counter-statements, appeals, and government fees as per regulations.
- Opposition Process:
- Government Fee: Tk 5000
- VAT: 15%
- Counter-Statement and Appeal:
- Government Fee: Tk 4000
- VAT: 15%
Step 8: Registration
Upon completing the opposition period, the Registrar notifies the applicant to pay the required fees. After payment, a Certificate of Registration is issued, valid for a specified period from the filing date.
Submit FORM TM-11 for Trademark Registration in Bangladesh:
- Government Fee: Tk 20,000
- VAT: 15%
Step 9: Renewal of Trademark Registration in Bangladesh
Trademark registrations in Bangladesh require periodic renewal to maintain validity. Renewal applications must be filed with the necessary fees and documentation before expiration. Late renewals incur additional fees as per regulations.
Submit FORM TM-12 for renewal:
- Government Fee: Tk 20,000
- VAT: 15%
For late renewal within four months of expiry, use FORM TM-17 with additional fees:
- Renewal: Tk 20,000
- Late fee: Tk 5,000
- VAT: 15%
Post-Registration Considerations and Enforcement of Trademark Rights
After Trademark Registration in Bangladesh, trademark owners must remain vigilant in protecting their rights against infringement. Enforcement strategies may involve legal action, cease-and-desist notices, or seeking administrative remedies through the trademark office.
In conclusion, navigating the trademark registration process in Bangladesh requires meticulous attention to legal requirements and procedural nuances. By following this comprehensive guide and seeking professional guidance when necessary, businesses can successfully register and protect their trademarks, ensuring long-term brand integrity and competitiveness.
Written by: Osman Gani Tuhin
FAQs on Trademark Registration in Bangladesh
Why is trademark registration necessary?
Trademark registration is crucial for protecting intellectual property, ensuring brand recognition, and preventing unauthorized exploitation for commercial purposes.
What does a trademark encompass in Bangladesh?
In Bangladesh, trademarks include words, logos, slogans, or combinations.
What is the purpose of conducting a preliminary trademark search?
Conducting a preliminary trademark search helps ensure the chosen mark is unique and not already registered, avoiding conflicts and potential rejection during the application process.
What are the costs of conducting a preliminary trademark search in Bangladesh?
The costs include a government fee of Tk 2000, VAT of 15%, and a miscellaneous cost of Tk 500.
What is a Power of Attorney, and why is it required for trademark registration?
A Power of Attorney is a legal document issued in favour of a lawyer or representative, necessary for legal representation throughout the registration process, especially for foreign applicants or those filing through representatives.
What are the necessary documents/information required for filing an online trademark registration application?
Applicants must gather various details, including particulars of the mark, applicant's information, and specifications of goods or services.
What jurisdiction is to file a trademark registration application in Bangladesh?
The application can be filed online through the designated Trademark Registry office, with government fees and VAT applied as per regulations.
What is the cost of filing an online trademark registration application in Bangladesh?
Filing an online trademark registration application includes a government fee of Tk 5000 and VAT of 15%.
How long does the examination of a trademark application typically take in Bangladesh?
The examination process usually takes approximately 3-6 months.
What is the purpose of publishing the proposed trademark in the Trade Marks Journal?
Publishing the trademark invites the public to raise opposition within a specified period, allowing interested parties to challenge the registration if they believe it infringes upon their existing rights.
What happens if the journal fee is unpaid within the specified period?
Pay the journal fee within one month to avoid the application being declared abandoned.
What is the process for opposing a trademark registration?
Interested parties can file a dispute within the specified period by submitting a notice of Opposition, which involves counter-statements, appeals, and government fees as per regulations.
What is the cost involved in the opposition process for a trademark registration?
The government fee for the opposition process is Tk 5000, with a VAT of 15%.
What is the fee for counter-statements and appeals during the opposition process?
The government fee for counter-statements and appeals is Tk 4000, with a VAT of 15%.
How long is a Certificate of Registration valid in Bangladesh?
A Certificate of Registration is valid from the filing date, typically seven years.
What is the process for renewing a trademark registration in Bangladesh?
Trademark registrations require periodic renewal before expiration, with the necessary fees and documentation submitted using FORM TM-12.
What are the additional fees for late trademark registration renewal in Bangladesh?
For late renewal within four months of expiry, additional fees include a renewal fee of Tk 20,000, a late fee of Tk 5,000, and a VAT of 15%.
How can trademark owners enforce their rights against infringement in Bangladesh?
Trademark owners can enforce their rights through legal action, cease-and-desist notices, or seeking administrative remedies through the trademark office.
Why is it essential for businesses to navigate the trademark registration process carefully in Bangladesh?
Navigating the process carefully ensures compliance with legal requirements and procedural nuances, allowing businesses to successfully register and protect their trademarks, ensuring long-term brand integrity and competitiveness.
