What is a Trademark?

A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. It can be a word, logo, symbol, design, or a combination of these elements.

 

Registering a Trademark in Bangladesh

1. Application Process

• Application Submission: File an application for trademark registration with the Department of Patents, Designs and Trademarks (DPDT), which operates under the Ministry of Commerce.
• Forms: The application is typically submitted using Form TM-1, available from the DPDT.

2. Document Requirements:

• Trademark Application Form: Completed and signed.
• Representation of the Mark: A clear depiction of the trademark.
• Power of Attorney: If a trademark attorney or agent is representing you.
• Proof of Use: Evidence that the trademark is being used in commerce (optional but helpful).
• Business Registration Certificate: Proof of your business’s legal existence.
• List of Goods/Services: The classes of goods or services the trademark will cover.

3. Examination

• Formal Examination: The DPDT conducts an initial review to ensure the application complies with all requirements.
• Substantive Examination: An in-depth examination to check if the trademark meets legal criteria and does not conflict with existing trademarks.

4. Publication

• Gazette Publication: If the trademark passes the examination, it is published in the Bangladesh Gazette. This publication allows third parties to oppose the registration if they believe it infringes on their existing trademarks.

5. Opposition

• Opposition Period: There is typically a period (usually 2 months) during which others can file an opposition against the trademark registration.
• Resolution: If an opposition is filed, it will be resolved through hearings and legal proceedings.

6. Registration

• Issuance of Certificate: If no opposition is filed or if the opposition is resolved in favor of the applicant, the trademark will be registered, and a certificate of registration will be issued.

Trade mark Classes

Trademarks in Bangladesh are categorized according to the Nice Classification, an international system that classifies goods and services into different classes. It is important to specify the appropriate class(es) for your trademark application based on the products or services it will cover.

 

Renewal and Maintenance

• Validity: A trademark registration in Bangladesh is valid for 10 years from the date of registration.
• Renewal: It can be renewed indefinitely for successive 10-year periods. It is crucial to file a renewal application before the expiry date to avoid lapsing.

Enforcement and Protection

• Infringement Actions: Trademark owners have the right to enforce their trademarks through legal action against unauthorized use or infringement.
• Customs Recordal: For added protection, you can record your trademark with customs authorities to prevent the importation of counterfeit goods.

Resources

• Department of Patents, Designs and Trademarks (DPDT): Official Website – Provides information on the trademark registration process and requirements.
• Bangladesh Trade mark Law: For detailed legal provisions, refer to the Trademarks Act, 2009 and relevant regulations.

Consult with Segunbagicha Consultancy to navigate the registration process, address legal issues, and ensure comprehensive protection for your brand.