TRADEMARK REGISTRATION IN BANGLADESH
Trademark Registration Bangladesh
S Hossain & Associates provides full fledged IP related service in Bangladesh. We provide the below IP related services
For businesses registered outside Bangladesh a simple PoA (No legalization is required) is required along with incorporation certificate of company and copy of the mark. There are these basic steps of Trademark registration in Bangladesh
We at S Hossain & Associates, IP lawyer in Bangladesh have so far filed more than 100 Trademark applications in Bangladesh and we have thorough expertise in working with Registrar of Trademark and Patent office in Bangladesh. Although cost of registration is on the bit higher end in Bangladesh but still we S Hossain & Associates provide the best value for price in our firm.
TRADEMARK
Trademark law in Bangladesh is governed primarily by the Trade Marks Act, 2009, which replaced the older Trade Marks Act of 1940. The law provides a legal framework for the registration, protection, and enforcement of trademarks in Bangladesh. Here are key aspects of trademark law in Bangladesh:
1. Definition of a Trademark:
A trademark is defined as any sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. This could include words, logos, symbols, colors, shapes, or combinations thereof.
2. Registration Process:
- Application: An application for trademark registration must be filed with the Departmentof Patents, Designs, and Trademarks (DPDT) under the Ministry of Industries inBangladesh. The application form can be filed in person or online.
- Examination: After submission, the DPDT will examine the trademark for distinctivenessand check if it conflicts with any existing registered trademarks.
- Opposition: If there are no objections, the trademark will be published in the Trade Marks Journal. Third parties have an opportunity to oppose the registration within 2months of publication.
- Registration: If no opposition is filed, or if the opposition is resolved in favor of theapplicant, the trademark will be registered. The registration certificate is then issued.
3. Rights of a Registered Trademark:
- The owner of a registered trademark has exclusive rights to use the trademark in connection with the goods or services for which it is registered.
- The owner can also assign or license the use of the trademark to others, provided the relevant agreements are recorded with the DPDT.
4. Duration of Registration:
- A registered trademark in Bangladesh is protected for 10 years from the date of registration.
- The trademark can be renewed indefinitely for further 10-year periods upon payment of the renewal fee.
5. Infringement and Remedies:
- Trademark infringement occurs when a third party uses a mark that is identical or
confusingly similar to a registered trademark without permission, and it causes confusion
among consumers. - Legal actions can be taken against infringement, including civil suits and criminal
prosecution. - Civil remedies include injunctions, damages, and accounts of profits.
- Criminal sanctions may involve fines or imprisonment for up to 3 years for counterfeiting or unauthorized use of a trademark.
6. Non-registrable Marks:
Not all marks are eligible for registration. The following are typically non-registrable:
- Marks that are too generic, descriptive, or common (e.g., “apple” for fruit).
- Marks that are deceptive, scandalous, or contrary to public order or morality.
- Marks that are identical or confusingly similar to previously registered trademarks.
7. Collective and Certification Marks:
- Collective marks are signs used by members of a collective group or organization to distinguish their goods or services.
- Certification marks are used to show that goods or services meet certain standards or quality established by the mark owner.
8. International Treaties:
Bangladesh is a member of the World Intellectual Property Organization (WIPO) and has acceded to international treaties like the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which help in protecting trademarks internationally.
9. Well-Known Trademarks:
Even though a well-known trademark may not be registered in Bangladesh, it can still be protected from unauthorized use. The law protects well-known marks against use that could confuse the public or damage the reputation of the well-known mark.
10. Dispute Resolution:
- Trademark disputes in Bangladesh can be resolved through the courts or by filing complaints with the Trademark Office.
- The Intellectual Property Office also plays a role in providing administrative remedies and overseeing trademark-related disputes.
11. Unfair Competition:
Trademark law in Bangladesh also addresses cases of unfair competition, including false advertising, misrepresentation, or acts that could cause consumer confusion.
12. Protection of Foreign Trademarks:
Trademarks owned by foreign entities can be registered in Bangladesh under the sameprocess. There is no requirement for a local presence (like a branch or subsidiary), but a foreignapplicant must be represented by a local attorney in Bangladesh.
Overall, the trademark laws in Bangladesh aim to provide protection for brands and ensure thatconsumers are not misled by similar or counterfeit products. It is advisable for businesses andentrepreneurs to register their trademarks in Bangladesh to ensure exclusive rights and preventinfringement.
