Marks:
Any person claiming to be the proprietor of a trademark already in use or
proposed to be used in Bangladeshmay 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
are identical with the International Classification 01 to 45 according to
the NICE Agreement concerning the International Classification of goods and
Services.
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 Bangladeshby the proprietors, Proposed to be used in Bangladeshby the proprietors, Proposed to be used in Bangladeshby a body corporate to be constituted, Proposed to be
used in Bangladeshby
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:
Under the new law opposition may be lodged within 60 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 10-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.
