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THE TRADEMARKS ACT, 2009.

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 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 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: 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 Registrarís 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 Registrarís 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.

Government Fees for Trademarks

 

 

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