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
