In a globalized world where brands hold significant value, trademark registration stands as a crucial step in protecting intellectual property. In Bangladesh, a rapidly developing economy, the process of trademark registration follows a structured framework aimed at safeguarding the interests of businesses and fostering a conducive environment for innovation and entrepreneurship. This article provides an in-depth understanding of trademark registration in Bangladesh, covering various aspects such as what can be registered, reasons for refusal, the registration process, required documents, opposition process, costs involved, and the significance of filing a trademark in the country.
Contents
1. What Can be Registered as a Trademark in Bangladesh?
2. Reasons for Refusal of a Trademark Application in Bangladesh
3. The Process of Trademark Registration in Bangladesh
4. Documents Required for Trademark Registration in Bangladesh
5. Trademark Opposition Process in Bangladesh
6. Trademark Costs in Bangladesh
7. Why File a Trademark in Bangladesh?
1. What Can be Registered as a Trademark in Bangladesh?
In Bangladesh, any sign capable of being represented graphically and distinguishing the goods or services of one undertaking from those of others can be registered as a trademark. This includes words, names, symbols, devices, or any combination thereof. However, trademarks that are devoid of any distinctive character, solely descriptive of the goods or services, or contrary to public morality or order are ineligible for registration.
2. Reasons for Refusal of a Trademark Application in Bangladesh
Trademark applications in Bangladesh may be refused for various reasons, including if the proposed mark lacks distinctiveness, is deceptive, or closely resembles existing trademarks. Additionally, marks that are offensive or contrary to public policy may also face rejection. It’s crucial for applicants to conduct thorough searches to ensure their proposed mark does not infringe upon existing trademarks, thus minimizing the risk of refusal.
3. The Process of Trademark Registration in Bangladesh
The process of trademark registration in Bangladesh involves several steps:
Step 1: Filing of Application
The first step in trademark registration is the filing of an application with the Department of Patents, Designs, and Trademarks under the Ministry of Industries. Check the availability of your trademark through our AI search tool for free.
The application must include the following details:
- A completed application form
- A representation of the trademark
- Details of the applicant, including name, address, and nationality
- A list of goods or services for which registration is sought
- Power of attorney (if applicable)
Step 2: Examination by the Trademarks Registry
Once the application is filed, it undergoes examination by the Trademarks Registry to assess its compliance with legal requirements. This examination includes determining the distinctiveness of the mark and verifying its eligibility for registration.
Step 3: Publication in the Trademarks Journal
If the application meets all criteria, it proceeds to publication in the Trademarks Journal, which is made available to the public. The publication serves to notify third parties of the pending trademark application and provides an opportunity for opposition.
Step 4: Opposition Proceedings
Following publication in the Trademarks Journal, third parties have the opportunity to oppose the registration of a trademark within a specified period, typically 60 days. Grounds for opposition may include prior rights, lack of distinctiveness, or violation of public policy. The opposition proceedings allow for the resolution of conflicts between conflicting marks, ensuring the integrity of the trademark system.
Step 5: Registration and Issuance of Certificate
In the absence of opposition or successful resolution thereof, the trademark is registered, and a certificate of registration is issued to the applicant. The registration grants the applicant exclusive rights to use the trademark in relation to the specified goods or services.
4. Documents Required for Trademark Registration in Bangladesh
To initiate the trademark registration process in Bangladesh, applicants are required to submit the documents mentioned above. Additionally, any supporting documents or evidence substantiating the distinctiveness of the mark may also be submitted to strengthen the application. Also check required documents for trademark registration in Papua New Guinea.
5. Trademark Opposition Process in Bangladesh
The third parties have the opportunity to oppose the registration of a trademark within a specified period following its publication in the Trademarks Journal. The opposition process allows for the resolution of conflicts between conflicting marks and ensures that only eligible trademarks are registered.
6. Trademark Costs in Bangladesh
The costs associated with trademark registration in Bangladesh include application fees, publication fees, and registration fees. Multiclass applications for the same trademark can be filed in Bangladesh by making separate applications.
Filing stage:
| Professional fee per class | $85 |
| Government fee per class | $60 |
Publication stage:
| Professional fee per class | $90 |
| Government fee per class | $35 |
| Professional fee per class | $130 |
| Government fee per class | $230 |
The trademark registration cost in Bangladesh via the iPNOTE platform starts from as low as $630, which includes all government fees and document preparation. Find the best IP attorney in Bangladesh on iPNOTE.
7. Why File a Trademark in Bangladesh?
Filing a trademark in Bangladesh offers several benefits to businesses, including protection of brand identity and reputation, exclusive rights to use the trademark, legal recourse against infringement, enhanced market presence, potential for licensing and franchising opportunities, and increased value of intangible assets.
8. Conclusion
Trademark registration in Bangladesh serves as a fundamental mechanism for protecting intellectual property rights and promoting fair competition in the marketplace. By understanding the intricacies of the registration process, businesses can secure valuable assets and mitigate the risks associated with unauthorized use and infringement. With a clear understanding of what can be registered, the reasons for refusal, the registration process, required documents, opposition proceedings, costs involved, and the significance of filing a trademark, stakeholders can navigate the trademark landscape in Bangladesh with confidence, ensuring the continued growth and innovation of their brands in the dynamic market environment.
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