Trademark Registration in Bangladesh
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.
Trademark application in Bangladesh can be filed in two categories:
(1) Ordinary Applications
(2) Convention Application (claiming priority from a convention country)
Ordinary trademark applications filed in Bangladesh are applications without claiming any priority. Ordinarily a trademark application is filed on form TM-1. Multi class trademark applications cannot be filed in Bangladesh. However, the Trademarks Act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
A priority trademark application/convention trademark application should be filed in Bangladesh within 6 months after the date on which the application was made in the convention country. A certified copy of the priority documents needs to be filed within 3 months from the date of filing of the convention application in Bangladesh.
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Bangladesh within six months of after the date on which the application was made in the Convention Countries. The trademark if registered under the Act, will be registered as of the date on which the application was made in the Convention Country and that date shall be deemed, for the purpose of the Act, to be the date of registration.
Filing one trademark in one Class with or without priority Claim in Bangladesh
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.
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.
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.
No, it is not possible to register such a trademark.
Substantive and Formalities Check of a trademark in Bangladesh
After an application is filed, the Registrar examines the trademark for distinctiveness, identical or similarity with existing registered trademarks and general compliance with the requirements of the Law. If the Registrar is satisfied, he issues a Letter of Acceptance for the mark to be advertised in the Trademarks Journal for opposition purposes (smooth case). Otherwise, the Registry raised objection/ refusal notice (OFFICE ACTION) and seeking written reply regarding objections or refusal notice (non-smooth case).
If there is no office action or notice
After examination, if the Examiner is satisfied as above (in stage-2), the Registrar accepts the mark for advertisement in the Trademarks Journal for opposition purposes.
Final Stage
Where no opposition is received or the opposition is determined and resolved in favour of the Applicant, the Registrar is obliged to issue a Certificate of Registration for the trademark on payment of the Prescribed fee. A registered trademark is valid for an initial period of seven (7) years from the date of filing and renewable thereafter for successive periods of Ten (10) years.