TRADEMARK FILING PROCEDURE IN BANGLADESH
The procedure for filing a Trademark in Bangladesh is as follows:
- Filling a Trademark in Bangladesh – A trademark application in Bangladesh can be filed for a single class only. Multi class trademark applications cannot be filed in Bangladesh. Application for a Trademark or a Priority Trademark Application claiming priority from a convention country can also be filed in Bangladesh within 6 months from the priority date.
- Official Examination of a Trademark in Bangladesh / Issuance of Office Action – After an application is filed, it is examined by the Registrar with regard to the distinctiveness, possibility of deceptiveness and conflicting trademarks. If an objection to a registration is raised, an official examination report will be issued by the Registrar within 6 months to 1 year, depending on the back log at the Registry.
The Registrar may accept or refuse the application subject to the provisions of the ordinance. A trademark application in Bangladesh can be refused/ objected by the Registrar on the following grounds:
- The mark is similar/ identical to an earlier trademark for the same or similar goods/ services.
- The mark is similar/identical to an earlier trademark in respect of different goods/services.
- The mark is a commonly used and accepted name of any single chemical element or single chemical compound.
The above categories of marks may however be registered if the proprietor of the earlier trademark consents to its or there has been an honest concurrent use of the later mark.
TRADEMARKS WHICH CANNOT BE REGISTERED:
- which comprises or consists of any scandalous or obscene matter; or
- the use of which would be contrary to any law for the time being in force; or
- the use of which would be likely to deceive or cause confusion; or
- which contains any matter likely to hurt the religious susceptibilities of any class of the citizens of Bangladesh;
- which is identical with, or is an imitation of, or contains as an element, an armorial bearing, flag or other emblem, a name or abbreviation or initials of the name of, or official sign or hallmark adopted by, any state or international organization created by an international convention, charter or other instruments, unless authorized by the competent authority of that state or organization; or
- which would otherwise be disentitled to protection in a court;
- the application is made in bad intention and faith.
Further, the objections raised by the Registrar with regard to an application, is forwarded to the applicant and the applicant has to file an appropriate reply with the supporting documents to the official objections within 90 days. The Registrar may accept the application on the basis of the reply and documents filed or may list the application for hearing.
An appeal against the decision of registrar at the hearing or without the hearing can be filed by the applicant within 1 month from the date of such communication to the Registrar, requiring him to state in writing the grounds of, and the materials used by him in arriving at, his decision.
When an application for registration of a trademark is accepted, the Registrar advertises it in the official Trademarks Journal, which is published and available on the Registry’s website.
- Publication / Advertisement of a Trademark in Bangladesh – After examination and upon acceptance of the response by the Registrar, the application is ordered for advertisement /publication in the Trademarks Journal. An application is advertised in the Trademarks Journal so as to invite the public for filing opposition against the registration of a mark.
- Opposition of Published Trademark in Bangladesh – Upon publication of the trademark in the Trademarks Journal, any person can oppose the registration of the said trademark by filing a notice of opposition within the prescribed period of 2 months from the date the Trademarks Journal is made available to the public. The time period to file the notice of opposition can be extended by a maximum period of 3 months upon filing a specified request for extension of time thrice for a period of 1 month each along with the prescribed fee.
- Registration & Renewal of a Trademark in Bangladesh – The application shall proceed to registration where there is no opposition or where the opposition was filed and was decided in favor of the applicant. The mark is then registered for a period of 7 years from the date of filing of the application and the registration certificate is issued. The trademark can be renewed from time to time for an unlimited period by payment of renewal fees, failing which the mark becomes liable to be removed from the Register on account of non-renewal. Each renewal term is for a period of 10 years.
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