Marks: Any person claiming to be the proprietor of a
trademark already in use or proposed to be used in Bangladesh may apply for registration of
a Trademark. Any name, individual or firm represented in a distinctive
manner, signature or photograph, one or more invented words, one or more
words having no direct reference to the character or quality of the goods,
a mark distinctive of the goods to which it is to be applied, marks
consisting of letters, numerals or combinations thereof may be registered.
Classification: Classification of goods is identical with the
International Classification 1 to 34 but Services (Classes 35 to 42) are
yet to be introduced. New law introducing the Service Marks is in the
pipeline and would be introduced any day.
Filing Requirements:
TRADE MARK: To be registered.
INFORMATION: To enable us to complete the application form
we need the following information:
A.Full name, street address and
nationality of applicants.
B.Whether applicants are
manufacturers/merchants/provider of services.
C.Goods or Services for which the
mark is to be registered.
D.Whether the mark is:- Being used in Bangladesh by the proprietors, Proposed
to be used in Bangladesh by the proprietors, Proposed
to be used in Bangladesh by a body corporate to be
constituted, Proposed to be used in Bangladesh by a registered user (in which
case an application for registration of registered user must be filed
simultaneously).
FIFTEEN PRINTS: Black and white bromide prints (on photographic quality paper) for a label
or design.
AUTHORIZATION
(TM-48)
Signed by applicant (if individual) or by an officer of the
applicant company, whose position in the company should be stated including
the corporate seal. It is not necessary to
notarize or legalize the authorization. You can download the authorization
from this web by clicking download forms.
Time limit for
proceeding with application
Applications are required to be completed within 12 months. This
regulation is not likely to be strictly enforced until the registry is functioning
normally; however, application for a time extension may be made in the
prescribed manner to assure that the trademark application is kept alive.
Response time for the main office action is three months. In
subsequent actions, registrar usually fixes 30 days for reply. Reasonable
extensions of time are available, sometimes up to two years if regularly
applied for. Applications are rarely abandoned by the Registrar, and only
after issuing a final notice.
Appeal: Decisions of the Registrar as to rejection of the
mark and oppositions may be appealed to the High Court within three months
of the decision.
Advertisement or publication: Every application accepted by
the Registrar will be published in the Trade Marks Journal together with
any limitations, disclaimers, etc.
Opposition: Opposition may be lodged within 120 days from
the date of advertisement of the application in the Trade Marks Journal
stating the grounds therefore. The applicant may file a counterstatement
and offer evidence by way of affidavits; the Registrar will render a final
decision after hearing the parties. Appeal to High Court available to
applicant or respondent upon adverse decision.
Limitation and renewal: Trademarks are registered for
a term of seven years from the date of application and may be renewed for
15-year periods thereafter. Renewal fees must be paid before the expiry
date but not more than six months prior thereto. In case registration of a
mark is still pending seven years after filing the application,
registration and renewal fees must be paid simultaneously. Late renewals
available, normally up to four months after expiry date, with payment of
late fees. Extensions at the direction of registrar are liberally granted
with payment of additional fees. Documents for renewal: authorization of
agent (TM-48), on prescribed form, simply signed and sealed.
Assignment and recordation: Assignments must be recorded
with the authority. Registered marks may be assigned with or without the
goodwill of the business; in the latter case the Registrar’s directions
should be sought within six months of execution of the assignment.
Unregistered marks should ordinarily be assigned with the goodwill of the
business. Assignment without the goodwill is permitted if (a) at the time
of assignment or transmission the mark is used in the same business as a
registered trademark; (b) the registered trademark is assigned or
transmitted at the same time and to the same person as the unregistered
mark; and (c) the unregistered mark relates to goods for which the
registered mark is assigned or transmitted. The Registrar’s advice should
be sought prior to execution of an assignment that creates multiple
exclusive rights, or that creates multiple exclusive rights in different parts
of the country, since such an assignment may be invalid. Associated
trademarks are assignable only as a whole; assignment of certification
marks requires government approval. Documents required for assignment:
Legalized Deed of Assignment and power of attorney from the assignee.
Licensing and Registered Use: Licenses must be recorded with
the authority to be effective. Application for recordal must be made within one year of date of document for effective date,
whichever is earlier. Documents for license: Legalized license deed; power
of attorney from registered proprietor; power of attorney from proposed
licensee; affidavit from registered proprietor.
