1. Trademark Registration in Bangladesh
In Bangladesh, the registration of trademarks is governed by the Trademarks Act, 2009 and its associated rules. Here are the steps you need to follow to register a trademark in Bangladesh:
1. Search the trademark database: Before applying for trademark registration, you should conduct a thorough search of the trademark database to ensure that your proposed trademark is not already registered or similar to an existing trademark.
2. Submit an application: You can submit a trademark application online or in person at the Department of Patents, Designs, and Trademarks (DPDT) in Bangladesh. The application must include the following information:
- The applicant's name, address, and nationality
- The trademark to be registered
- A list of goods or services that the trademark will be used for
- A statement of use or intention to use the trademark
3. Examination and Publication: After receiving the application, the DPDT will conduct a formal examination to ensure that the application meets all the requirements. If the application is found to be acceptable, it will be published in the Trademark Journal.
4. Opposition: After publication, there is a three-month period during which interested parties can file an opposition to the registration of the trademark. If no opposition is filed, or if the opposition is unsuccessful, the trademark will be registered.
5. Issuance of Certificate: Once the trademark is registered, a certificate of registration will be issued, and the trademark owner can begin using the registered trademark.
The registration of a trademark in Bangladesh can take approximately 12-18 months from the date of application. It is advisable to seek legal advice from a trademark attorney or agent to ensure that your application meets all the necessary requirements.
2. How to register a trademark in Bangladesh
a. Trademark Registration Process in Bangladesh.
The trademark registration process in Bangladesh can be complex and time-consuming, but it is not necessarily difficult if you follow the correct procedures and provide all the necessary information and documentation.
One of the key challenges of the trademark registration process in Bangladesh is ensuring that the trademark is available for registration. This involves conducting a thorough search of the trademark database to ensure that the proposed trademark is not already registered or similar to an existing trademark. If there is an existing trademark that is identical or similar to the proposed trademark, the application may be rejected, or the registration may be opposed.
Another challenge is ensuring that the application meets all the necessary requirements. The application must include accurate and complete information, and any defects or errors must be rectified promptly to avoid delays or rejection.
Additionally, opposition proceedings can add further complexity to the registration process. If an opposition is filed, the applicant may need to attend a hearing to resolve the opposition. It is essential to have a skilled trademark attorney or agent to manage the opposition proceedings effectively.
Overall, the trademark registration process in Bangladesh can be time-consuming and require attention to detail, but it is not necessarily difficult if the applicant is well-prepared and guided by experienced professionals.
b. Types of Trademarks in Bangladesh.
In Bangladesh, there are several types of trademarks that can be registered. These include:
- Wordmarks: A wordmark is a trademark that consists only of words, letters, or numbers. Examples of wordmarks include Coca-Cola, Nike, and IBM.
- Device marks: A device mark is a trademark that consists of a logo, symbol, or design element. Examples of device marks include the Apple logo, the Nike Swoosh, and the Adidas three stripes.
- Combined marks: A combined mark is a trademark that combines both words and a device element. Examples of combined marks include the McDonald's golden arches logo and the Pepsi logo.
- Service marks: A service mark is a trademark that is used to identify a service rather than a physical product. Service marks can include logos or wordmarks, and examples include the FedEx logo and the IBM wordmark.
- Collective marks: A collective mark is a trademark used by a group or association to identify the source of goods or services. Examples of collective marks include the Woolmark symbol used by the Woolmark Company and the Fairtrade logo used by the Fairtrade Foundation.
- Certification marks: A certification mark is a trademark that is used to indicate that a product or service meets a certain standard. Examples of certification marks include the CE mark used in the European Union to indicate compliance with safety, health, and environmental protection standards, and the ISO 9001 mark used to indicate compliance with quality management standards.
c. Registration requirements in Bangladesh.
To register a trademark in Bangladesh, the following requirements must be met:
- The applicant must provide their name, address, and nationality.
- The trademark must be distinctive and not similar to an existing registered trademark or pending application.
- The trademark can be a wordmark, device mark, combined mark, service mark, collective mark, or certification mark.
- A clear representation of the trademark must be provided.
- The applicant must specify the goods or services for which the trademark will be used.
- The applicant must provide a statement of use or intention to use the trademark.
- The application must be filed with the Department of Patents, Designs, and Trademarks (DPDT) in Bangladesh.
- The application fee must be paid.
- The application must comply with the requirements of the Trademarks Act, 2009 and its associated rules.
Additionally, during the trademark registration process, the applicant may be required to provide additional information or documentation as requested by the DPDT or respond to opposition proceedings if an opposition is filed against the application.
d. Trademark Priority in Bangladesh.
In Bangladesh, the priority of a trademark is determined by the date on which the application for registration is filed with the Department of Patents, Designs, and Trademarks (DPDT). This means that the first person or entity to file an application for a particular trademark will have priority over others who file applications for the same trademark at a later date.
If an applicant has filed an application for a trademark in another country that is a member of the Paris Convention or the World Trade Organization, they may be eligible for priority under the principle of "Convention priority". This means that the filing date of the first application can be claimed as the effective filing date in Bangladesh, provided that the application is filed within six months of the first application and the goods and services covered by the application are the same or similar.
To claim convention priority in Bangladesh, the applicant must file a certified copy of the foreign application and provide a translation of the application into Bengali.
It is important to note that priority does not guarantee registration of the trademark in Bangladesh. The trademark must still meet all the necessary requirements for registration under the Trademarks Act, 2009 and its associated rules.
e. Trademark database in Bangladesh.
An official trademark database is not maintained by the Department of Patents, Designs and Trademarks (DPDT) of Bangladesh. There is no publically available official trademark database in Bangladesh, however you can search for the Bangladeshi trademarks using third party services or by assistance of a local trademark attorney or agent.
3. Free Trademark Search in Bangladesh
a. How to perform a detailed trademark search.
Performing a detailed trademark search in Bangladesh involves several steps. Here is an overview of the process:
- Identify the keywords: Begin by identifying the keywords or phrases that are relevant to your proposed trademark. These could include the name of your business or product, any unique features of your design or logo, or any industry-specific terms.
- Search online databases which are publicly available. You can search by entering keywords, registration numbers, or the name of the trademark owner. It is recommended to use various combinations of the identified keywords to increase the accuracy of the search.
- Review search results: Carefully review the search results to identify any trademarks that are similar or identical to your proposed trademark. Note down the trademark registration numbers and the trademark owner names of any potentially conflicting trademarks.
- Conduct an additional search: Conduct an additional search of unofficial sources, such as trade directories, industry-specific databases, and online search engines. This can help to identify any unregistered trademarks that could pose a potential conflict.
- Analyze search results: Analyze the search results to identify potential conflicts. Look for trademarks that are similar or identical to your proposed trademark, and check whether they are registered for the same or similar goods or services.
- Consult a trademark attorney: If you find any potentially conflicting trademarks, it is advisable to consult a qualified trademark attorney or agent to help you assess the risk of potential conflicts and determine the best course of action. They may also be able to help you identify additional search terms and sources to ensure a comprehensive search.
Performing a detailed trademark search is a crucial step in the trademark registration process. It can help you to avoid potential conflicts and increase the chances of a successful registration.
b. Unregistrable trademarks in Bangladesh.
There are certain types of trademarks that are considered unregistrable in Bangladesh. The following are some examples of unregistrable trademarks in Bangladesh:
- Descriptive marks: Marks that describe the goods or services for which they are used are not registrable. For example, the word "sweet" cannot be registered as a trademark for a candy product.
- Generic marks: Generic terms that are used to describe a type of product or service cannot be registered as trademarks. For example, the word "soap" cannot be registered as a trademark for a soap product.
- Misleading or deceptive marks: Marks that are likely to mislead or deceive the public cannot be registered. For example, a mark that suggests a connection with a famous brand when there is none can be deemed deceptive.
- Marks contrary to public policy or morality: Trademarks that are considered to be contrary to public policy or morality are not registrable. For example, a trademark that promotes illegal activities or is offensive to a particular religion or culture cannot be registered.
- Marks that are identical or similar to existing trademarks: Trademarks that are identical or similar to existing registered trademarks cannot be registered for the same or similar goods or services. This is to avoid confusion among consumers.
- Marks that contain national flags, emblems or symbols: Trademarks that contain national flags, emblems or symbols cannot be registered without the permission of the relevant government authority.
It is important to note that the above list is not exhaustive, and there may be other types of marks that are considered unregistrable under the law. It is advisable to consult a qualified trademark attorney or agent to determine whether your proposed trademark is registrable in Bangladesh.
4. Trademark Office in Bangladesh
The trademark office in Bangladesh is known as the Department of Patents, Designs, and Trademarks (DPDT). The DPDT is a government agency responsible for the registration and administration of trademarks, patents, and designs in Bangladesh. It is under the Ministry of Industries and is located in Dhaka, the capital city of Bangladesh.
The DPDT is responsible for receiving and processing trademark applications, examining the applications to ensure compliance with legal requirements, and maintaining a public register of trademarks. The office also handles oppositions, cancellations, and renewals of trademarks.
a. Address of the Trademark Office in Bangladesh.
The Department of Patents, Designs, and Trademarks (DPDT) office in Bangladesh is located in the capital city of Dhaka. Here is the address of the DPDT office:
Department of Patents, Designs and Trademarks (DPDT)
Ministry of Industries
91, Motijheel Commercial Area
Phone: (880 2) 223 380 696
Fax: (880 2) 955-6556
Email: [email protected]
It is advisable to contact the DPDT office before visiting to confirm their office hours and any specific requirements for submitting a trademark application or conducting other trademark-related activities.
5. After Registration in Bangladesh.
a. For how long is a mark valid?
A trademark registration in Bangladesh is valid for a period of ten years from the date of filing of the trademark application. After ten years, the trademark can be renewed for successive periods of ten years each, by filing a renewal application with the Department of Patents, Designs, and Trademarks (DPDT) and paying the required renewal fees.
It is important to note that the trademark registration must be used continuously in connection with the goods or services for which it is registered. Failure to use the trademark for a continuous period of five years can result in the trademark being vulnerable to cancellation on the grounds of non-use.
Additionally, the trademark registration can be invalidated or cancelled if it is found to be invalid at any point during its validity period, for example, if it was registered in bad faith or if it infringes on the rights of other trademark owners. Therefore, it is important to conduct a thorough trademark search before filing a trademark application in Bangladesh to ensure that the mark is available for registration and does not infringe on the rights of other trademark owners.
b. Trademark Registration Certificate.
Once a trademark is registered in Bangladesh, the Department of Patents, Designs, and Trademarks (DPDT) issues a Trademark Registration Certificate to the owner of the trademark. The certificate serves as proof of ownership of the registered trademark and includes the following information:
- Trademark registration number
- Description of the goods or services for which the trademark is registered
- Date of registration of the trademark
- Image of the registered trademark
The Trademark Registration Certificate is an important document and should be kept in a safe place, as it may be required to prove ownership of the trademark in case of infringement or disputes. It is advisable to obtain multiple copies of the certificate, as it may be required for different purposes such as licensing, franchising, or assignment of the trademark.
If you have registered a trademark in Bangladesh and have not received the Trademark Registration Certificate within a reasonable time, you can contact the DPDT office to inquire about the status of your application.
c. How to maintain your mark after registration?
Once a trademark is registered in Bangladesh, it is important to maintain the mark to ensure its continued protection. Here are some steps to maintain your trademark after registration in Bangladesh:
- Use the trademark: It is important to use the trademark continuously in connection with the goods or services for which it is registered. Failure to use the trademark for a continuous period of five years can result in the trademark being vulnerable to cancellation on the grounds of non-use.
- Renew the trademark: A trademark registration in Bangladesh is valid for a period of ten years from the date of filing of the trademark application. After ten years, the trademark can be renewed for successive periods of ten years each, by filing a renewal application with the Department of Patents, Designs, and Trademarks (DPDT) and paying the required renewal fees.
- Monitor the trademark: It is important to monitor the use of the trademark by others and take action against any unauthorized use or infringement. This can be done through regular trademark searches and monitoring of the marketplace for potential infringing uses.
- Maintain accurate records: Keep accurate records of the trademark registration, use of the mark, renewals, and any other relevant information. This can be helpful in case of disputes or infringement claims.
- Seek legal advice: If you have any questions or concerns about maintaining your trademark in Bangladesh, it is advisable to seek the advice of a qualified trademark attorney or agent.
By taking these steps, you can help ensure the continued protection and success of your registered trademark in Bangladesh.
6. Trademark Renewal in Bangladesh
a. How to renew a trademark in Bangladesh.
To renew a trademark registration in Bangladesh, you need to follow these steps:
1. Determine the renewal date: Trademark registrations in Bangladesh are valid for ten years from the date of filing. You should determine the date of expiration of your trademark registration, which can be found on your Trademark Registration Certificate or by conducting a search of the trademark database maintained by the Department of Patents, Designs, and Trademarks (DPDT).
2. File a renewal application: To renew your trademark registration, you must file a renewal application with the DPDT. The application must be filed within six months before the date of expiration or within a grace period of six months after the date of expiration by paying a late fee. The application should include the following information:
- Trademark registration number
- Name and address of the trademark owner
- Goods or services for which the trademark is registered
- Payment of the renewal fee
3. Wait for processing: After submitting the renewal application, you must wait for the DPDT to process your application. The processing time can vary, but it typically takes a few weeks to several months.
4. Receive the renewal certificate: If the renewal application is approved, the DPDT will issue a renewal certificate to the trademark owner, which serves as proof of the renewed trademark registration.
It is important to note that if you fail to renew your trademark registration within the grace period, your trademark may become vulnerable to cancellation or forfeiture. Therefore, it is important to monitor the expiration date of your trademark registration and file for renewal in a timely manner.
7. F.A.Q. Trademarks in Bangladesh
a. Bangladesh trademark journal.
The Bangladesh Trademark Journal is a publication by the Department of Patents, Designs, and Trademarks (DPDT) that contains a list of trademark applications and registrations. The journal is published regularly and is available to the public for inspection.
The purpose of the Bangladesh Trademark Journal is to provide notice to the public of new trademark applications and registrations. This allows interested parties to oppose the registration of a trademark or to challenge the validity of a registered trademark.
The journal contains the following information:
- Application or registration number
- Name and address of the trademark owner
- Description of the goods or services for which the trademark is used or proposed to be used
- Image of the trademark
- Status of the application or registration, such as pending, registered, or cancelled
The Bangladesh Trademark Journal is an important resource for businesses and individuals who are interested in protecting their trademarks or who wish to challenge the registration of a trademark by another party. It can be accessed online through the DPDT's website or at the DPDT's office for inspection.
b. Trademark law in Bangladesh.
The trademark law in Bangladesh is governed by the Trademarks Act of 2009, which provides for the registration and protection of trademarks in the country. The key features of the Bangladesh trademark law are:
- Registration: Trademark registration is not mandatory in Bangladesh, but it is strongly recommended in order to obtain legal protection and prevent others from using a similar trademark. The trademark registration process in Bangladesh involves filing an application with the Department of Patents, Designs, and Trademarks (DPDT), which examines the application and publishes it in the Trademark Journal for opposition purposes.
- Protection: Registered trademarks are protected under the law and the trademark owner has exclusive rights to use the trademark in connection with the goods or services for which it is registered. The owner may take legal action against any person or entity that infringes on their trademark rights.
- Duration: A trademark registration in Bangladesh is valid for ten years from the date of filing and can be renewed for successive periods of ten years. Failure to renew a trademark registration can result in cancellation or forfeiture of the trademark.
- Infringement: Trademark infringement is a criminal offense in Bangladesh that can result in imprisonment, fines, and seizure and destruction of infringing goods. The trademark owner may also be entitled to damages or compensation for any losses suffered as a result of the infringement.
- Unregistrable trademarks: Certain types of trademarks are not registrable in Bangladesh, such as those that are identical or similar to a well-known trademark or those that are contrary to public morality or likely to deceive the public.
Overall, the Bangladesh trademark law provides a framework for protecting the rights of trademark owners and preventing others from using a similar trademark without permission. It is important for businesses and individuals to understand the trademark registration process and the legal protections afforded under the law.
c. Punishment of trademark infringement in Bangladesh
Trademark infringement in Bangladesh is a criminal offense that can result in both civil and criminal penalties. The punishment for trademark infringement in Bangladesh is outlined in the Trademarks Act of 2009, which provides for the following penalties:
- Imprisonment: The Act provides for imprisonment of up to three years for trademark infringement.
- Fine: The Act provides for a fine of up to BDT 200,000 (approximately USD 2,350) for trademark infringement.
- Seizure and destruction of infringing goods: The court may order the seizure and destruction of infringing goods, as well as the equipment and materials used to produce the infringing goods.
- Injunction: The court may also grant an injunction to prohibit the infringing party from using the trademark in question.
In addition to these penalties, the trademark owner may also be entitled to damages or compensation for any losses suffered as a result of the infringement.
It is important to note that criminal prosecution for trademark infringement in Bangladesh is initiated by the police, rather than by the trademark owner. The trademark owner may, however, file a complaint with the police or initiate civil proceedings to protect their trademark rights.
Overall, trademark infringement in Bangladesh is taken seriously and carries significant penalties for those found guilty of the offense.