Trade Marks:
TRADE MARKS AUTHORITY:
The name of the Intellectual Property office of Bangladesh is "The Department of Patents, Designs and Trade Marks". The chief of this Department is known as "The Registrar". The functions of the "Department of Patents, Designs and Trade Marks" is performed under the Trade Marks Ordinance, 2008 & Patents and Designs Act.1911.
TRADEMARKS:
Any person claiming to be the proprietor of a Trade Mark/Service Mark used or proposed to be use by him/them, who desire to register, he shall apply in writing to the Registrar in the prescribed manner and subject to the provision of this Act, the Registrar may refused the application or may accept or may accept it absolutely or subject to such amendment modification, conditions or limitations if any as he may think fit as per the provision of section 15(1) of the Trade Marks Ordinance, 2008.
CLASSIFICATIONS:
Bangladesh Intellectual Property Right Office i.e. Department of Patents, Designs and Trade Marks (Trademarks Registering Wing) follow the INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES under the Nice Agreement (Ninth Edition). The registration of Service Marks System has been included in our present Trade Marks Ordinance, 2008 vide S. R. O. No.211-Law/2008 dated June 30, 2008, effected from July 01, 2008. For which any person can file an application for registration of any service mark under class-35 to 45.
REQUIRED DOCUMENTS:
For filing of a trade mark application in Bangladesh the following documents/information will be required:
i) Description of the TRADEMARK and if it is a Logo/Device mark then 15 (fifteen) copies Label /logo for each of the application.
ii) Full Name, Street Address and Nationality of the applicant(s).
iii) Description of goods or service for which the mark is to be registered.
iv) The date of use of the Trademark in Bangladesh (if any), it may be proposed to be used also.
v) A duly executed Power of Attorney (Form TM-48). You can download the form from our website. Please note that the Power of Attorney need not to be notarized or legalized and it can also be filed later on or after filing of the application.
REGISTRATION PROCESSES:
After examining the application, the Trade Marks and Service Marks of the applicant(s) may be accepted or opposed by the Registrar. If the mark is accepted by the authority, then an acceptance order is issued to the applicant(s) and if the mark is opposed, then an objection letter is issued to the applicant(s).
When an application for registration of a Trade Mark or Service Mark has been accepted and duly published in the monthly Govt. Trade Marks Journal and if no opposition filed within the 60(sixty) days from the publication of the mark by anybody, the application will be qualified for registration accordingly under the provision of section 20 of the aforesaid Ordinance.
Duration of the registration of a trademark or service mark is 7(seven) years and it can be renewed for further period of every 10(ten) years.
By virtue of registration the registered proprietor is entitled to get protection in the count of justice in respect of infringement of his/their registered Trade Mark or Service Mark under Section 24(1) of the Trade Marks Ordinance, 2008.
After registration of any of the mark in Bangladesh there is a provision for cancellation/removal of registration from the register as per the provision of section 42 and 51 of the Trade Marks Ordinance, 2008. Any person who is aggrieved within the meaning of section 42 and 51 of the Trade Marks Ordinance, 2008 may file rectification case in the prescribed manner against the registered trade mark either before the Registrar or before the Hon'ble High Court Division of the Supreme Court of Bangladesh to vary or cancel the registration of the impugned mark.
TIME LIMIT:
The normal period of registration of a Trade Mark/Service Mark is 12 (twelve) months. But this regulation is not strictly followed by the Trade Marks Authority. However, we can expect the registration within 2 to 3 years.
MULTI CLASS FILING:
Multi class filing system is not enacted in our present Trade Marks Ordinance, 2008.
FEES SCHEDULE:
Please email us to find our Revised Fee Schedule for registration of a Trademark or Service Mark in Bangladesh.
Call: (0088) 01714-065656 or
E-mail us.
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