Before discussing this topic, we should know what Trademark is.
Trademark?
A trademark can be a word, symbol, or phrase that identifies and differentiates the goods or services of one company from those of its rivals in the marketplace. Marks of origin are valuable assets that can assist companies in establishing and preserving their brand identities. Additionally, it strengthens consumer loyalty and discourages competitors from employing marks that are too similar to the brand, which could lead to misunderstanding among customers.
Importance of Trademark Registration Certificate
Obtaining a certificate of registration for your trademark is an essential step in the process of protecting your brand in Bangladesh. Legal protection against other people making illegal use of a mark is provided by having that mark registered as a trademark. Additionally, it enables the owner of the trademark to pursue legal action against those who infringe on it. In this article, we will present a detailed step-by-step guidance to the process of registering a trademark in the country of Bangladesh. If you own a company or are just starting out in business, having this information will make acquiring a trademark registration certificate easier for you.
Eligibility & Requirements
In Bangladesh, one can submit an application for trademark registration as an individual, a company, a partnership firm, or a legal body. The applicant must either be the legal owner of the trademark or have permission to make use of it. If the application is a foreign entity, they are required to produce proof that they have a legal presence in Bangladesh. A power of attorney issued by a local agent is an example of such a document.
Any sign or combination of signs that can differentiate the goods or services of one business from those of another enterprise is eligible to be registered as a trademark in Bangladesh. This includes the following:
- Words,
- Names,
- Logos,
- Shapes,
- Symbols,
- Colors, and
- Even sounds.
However, the trademark cannot be the same as an existing one or one that is confusingly similar to it. In addition, it must not be utilized for products or services that are the same or very similar to those already existing.
The following information and documents must be provided by the applicant in order to register a trademark:
- Filled-out application form.
- An image of the logo in the JPEG or PNG format
- A list of the products or services that the trademark covers
- Proof of payment of the application fees
- A power of attorney from a local agent, a certificate of incorporation, or registration if the applicant is a foreign firm.
- Additionally, the candidate must verify. The trademark follows local standards and is not offensive or immoral.
Preliminary Search
Before applying for trademark registration, make sure your trademark is available and does not infringe on any Bangladeshi trademarks. This search can help you avoid application rejections and save time and money by discovering potential conflicts.
Check Patents, Designs, and Trademarks online at the Bangladesh Trademark Database. Enter the proposed trademark name, picture, or class or description of products and services to search. Your proposed trademark will appear in the database alongside similar registered and pending trademarks.
After a preliminary search, evaluate your desired trademark’s availability. If your trademark is unique, it may be registered. If there exist similar trademarks, you may need to change your proposed trademark to avoid disputes. A trademark attorney can assist you understand search results and make trademark judgments.
Preparing The Application Form
By filing a TM-4 application, the applicant can verify mark registration. BDT 1000 covers the two-week check.
The application form under Resource > NICE Classification requires the goods/services category.
Find the DPDT trademark registration form (TM-1) online. Give trademark details and a picture. Easy application tips:
- ISO A4 forms must be filled out on 80gsm paper.
- Marks or Labels: The label must clearly state (TM) the trademark applied for. (R), BSTI, ISO, or other logos cannot appear on the label without attestation. In column 6 of the application form, translate and transliterate any label/logo that is not Bengali/English. The concerned person/guardian must provide a no objection letter if the label/logo uses their image.
- Column 3 of the application should describe the mark.
- Product/Service Details: Fill out the application form’s product/service section.
- In section B of the application form, the name and details of the individual (Proprietorship) or company (Ltd.) should be listed in column 7. Company applicants should indicate their incorporation law. a Bangladeshi corporation.
- The application form’s column 7 part c should list the company’s business. Suppliers, importers, and exporters.
- Part A or Part B of Column 7 should provide the applicant’s entire correspondence address.
- Column 10 of the application form should list the candidate mark’s validity date. Write “Proposed to be used” if the applied-for mark is not in use.
- In the application form, applicants must give their full name, signature, designation, email, and phone number.
- If the applicant makes a “Priority Claim,” they must supply supporting papers and fill out column 11.
- The applicant must pay the journal charge within one month of receiving the notice or the mark is abandoned.
- After paying the journal fee, BG Press prints the candidate mark for publishing.
- Opposition following BG Press printing is two months.
Submitting The Application
The DPDT must receive the application form, a power of attorney (if filing through an agent), a copy of the applicant’s national ID card or passport, and a priority document (if claiming priority from a foreign application). A copy of the company registration certificate and a board resolution authorizing the application may be needed if the applicant is a legal body like a corporation.
Paying The Application Fees for Trademark Registration Certificate
The trademark application and supporting documentation must be submitted. Then, pay BDT 3500 online or at DPDT, depending on the number of products or services covered. The fee is non-refundable. Your submission will be acknowledged. The Registrar will approve or deny your application. Respond to objections and submit evidence to support your application. Unless there is objection, your trademark will be published in the Trademark Journal and you will receive a registration certificate.
Examination & Publication
The Registrar will review the trademark application and supporting papers to assess eligibility for registration. The Registrar will check for trademark similarities and compliance with the Trademarks Act, 2009 and its guidelines. The Registrar may oppose or question.
If the Registrar objects to the trademark application, the applicant can respond and submit further information or evidence. This can include a statement stating why the trademark should be registered or proof of earlier usage or ownership.
The Trademark Journal publishes trademarks if the Registrar approves them. This publication gives interested parties time to oppose the trademark registration.
Trademark Journal will publish the trademark for four months. No oppositions will prevent trademark registration.
If a trademark violates the Trade Marks Act, 2009, or other laws, it can be canceled or invalidated.
Opposition & Registration
Opponents have 60 days after the Trademark Journal publishes the application to file. Resistance might be based on legality, morality, trademark resemblance, and deceit or confusion.
The applicant has two months to file a counter-statement after the Registrar notifies them of an opposition. The application will be refused without a response or successful challenge. The Registrar will register the applicant if the objection is dismissed or defended.
The applicant can appeal to the IP Tribunal within 90 days of the Registrar’s decision. The Tribunal will decide on registration after a hearing.
If no objection is made or the applicant wins the opposition, the Registrar will issue the certificate. The certificate can be renewed indefinitely for 10-year terms that extend its validity by seven years from registration.
The trademark registration certificate grants the applicant exclusive use of the trademark for the listed products and services. The trademark owner can stop a third party from using an infringing mark.
A trademark registration certificate does not complete brand protection. Owners must keep their marks in use in excellent condition to maintain trademark rights. Vigilant trademark monitoring and enforcement protects the brand and reputation.
Post-registration Requirements
After acquiring a trademark registration certificate in Bangladesh, you must follow many procedures to safeguard your trademark.
To keep your trademark registration valid in Bangladesh, use it in business. Third parties can remove a trademark after five years of non-use. To protect your trademark rights, monitor your brand and sue infringers.
Bangladesh trademarks last seven years. They must be renewed to continue. Renewing your trademark registration with payment keeps it active. Renew your trademark six months before it expires. You can apply six months after expiration if you pay a late fee.
To prevent others from using identical marks or replicating their products, trademark owners should monitor them. You can sue trademark infringers to retaliate. Trademark owners can pursue injunctive relief, monetary compensation, and confiscation of infringing goods.
To maintain trademark rights in Bangladesh, you must meet post-registration requirements. Using your trademark protects your brand and its value.
