An application for Trademark Registration in Bangladesh can be filed in the prescribed manner for a single class only to the Registrar of Trademarks, Bangladesh and obtaining the application number. 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.
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to help consumers identify that its products or services with which the trademark appears originate from a unique source, and to help distinguish its products or services from those of other entities.
™ (for an unregistered trademark, but for which application has been filed)
℠ (for an unregistered service mark, but for which application has been filed)
® (for a registered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound. The owner of a registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common law trademark may also file suit, but an unregistered mark may be protectable only in the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand. The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, as in the United States.
Trademark application in Bangladesh can be filed in two categories:
(1) Ordinary Applications
(2) Convention Application (claiming priority from a convention country)
Multi-class trademark applications cannot be filed
A trademark application in Bangladesh can be filed in the prescribed manner for a single class only to the Registrar of Trademarks and obtaining the application number. 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.
A priority trademark application should be filed in Bangladesh within 6 months after the date on which the application was made in the convention country.
No, it is not possible to register such a trademark.
Following marks can be registered as a Trademark in Bangladesh under the Bangladesh Trademarks Law:-
• Names
• Invented / Coined Words
• Numerals
• Letters
• Devices
• Combination of colors
• Shape of goods
• Slogans
• Signature
• Image
As per the Bangladesh Trademarks Act, 3-D marks or Three Dimensional marks cannot be registered in Bangladesh, Similarly, Sound and Smell marks cannot be registered as a trademark.
Anyone claiming to be the proprietor of a trademark may apply to the Registrar for the registration of the mark. Both National and foreigners have equal right in this regard but a foreign applicant must be represented by a local agent.
An application for the registration of a trademark shall include the following;
1. Name and full address of the Applicant, if the applicant is a company the name and position (like Director, Chairman) of the signatory also be required
2. Status of the applicant whether the applicant Merchandisers/ Manufacturers/Service Providers or both.
3. Mark/Logo/Device prints or representation and it’s description whether it is word mark or device mark or combined mark.
4. Specification of Goods/Services and Class
5. Use date of the mark in Bangladesh (whether the mark is in use or proposed to be used in Bangladesh).
6. POA (Original or Notarization or Legalization does not require, only SCANNED copy is sufficient)
7. Prescribe fee
8) Priority: There is a provision for priority application in Bangladesh. In this respect the applicant for registration of a trademark who desires to avail himself of the priority of an earlier application filed in a convention country shall, within 6 months of the date of such earlier application, append to his application a written declaration indicating the date and number of the earlier application.Furnish a copy of the earlier application certified as correct by the appropriate authority of the country where such application was filed earlier. Verified/ notarized English translation of the priority document if priority document is in any language other than English.