A trademark is a sign, symbol, or design that identifies and distinguishes the goods or services of one business from those of others.
Registering a trademark in Bangladesh protects your brand, gives you exclusive rights to use it, and helps prevent others from using a similar mark.
Any individual, company, or legal entity can apply for trademark registration in Bangladesh.
The process involves conducting a search, filing an application, examination, publication, and registration if no objections are raised.
The process typically takes 18-24 months but can vary depending on objections or oppositions.
Required documents include the application form, power of attorney, applicant's details, and trademark representation.
While you can register a trademark, it's advisable to use a lawyer or agent familiar with Bangladesh's trademark laws.
Trademark protection in Bangladesh lasts for seven years from the filing date and can be renewed indefinitely for subsequent 10-year periods.
You can take legal action against unauthorized use of your registered trademark, including filing a lawsuit for trademark infringement.
You may be able to register it if the current user hasn't established prior rights. However, it's best to search and seek legal advice thoroughly.
The trademark examination process in Bangladesh involves filing an application, which the Registrar of Trademarks then reviews for compliance with legal requirements and potential conflicts with existing trademarks.
The trademark examination process in Bangladesh usually takes about 12-18 months from the date of application, depending on various factors such as the trademark's complexity and the Trademark Office's workload.
Common reasons for trademark objections in Bangladesh include similarity to existing trademarks, lack of distinctiveness, use of prohibited symbols or words, and incomplete or incorrect application information.
Yes, you can respond to a trademark objection in Bangladesh. You have two months from receiving the objection notice to file a response, which can be extended if needed.
Your response to a trademark objection should include a detailed explanation addressing the specific grounds for the complaint, supporting evidence, and legal arguments demonstrating why your trademark should be registered.
While not mandatory, hiring a trademark lawyer or agent familiar with Bangladesh's trademark laws is advisable to help you prepare a solid response to objections and navigate the legal process effectively.
If you fail to respond to a trademark objection within the given time frame, your application may be considered abandoned, and you may need to file a new application to proceed with registration.
Yes, if your trademark application is rejected even after responding to an objection, you can file an appeal with the Trademark Appeal Board within two months of receiving the rejection notice.
The time to resolve a trademark objection in Bangladesh can vary. Still, it typically takes 3-6 months from the date of filing the response, depending on the complexity of the case and the Trademark Office's workload.
Yes, fees are associated with responding to a trademark objection in Bangladesh. These may include official fees for filing the response and professional fees if you hire a trademark lawyer or agent to assist you.
The initial duration of trademark protection in Bangladesh is seven years from the registration date. (registration date means filing date or priority date)
A trademark can be renewed for subsequent periods of 10 years. The renewal application must be filed with the Department of Patents, Designs, and Trademarks (DPDT) before expiration.
The renewal application should be filed within six months before the expiration date of the trademark registration. However, there is a grace period of six months after the expiration date, during which the renewal can still be filed with an additional surcharge.
(1) A completed renewal application form (2) Proof of payment of the renewal fee (3) Power of Attorney (if filed through an agent) are generally required for trademark renewal:
If a trademark is not renewed within the specified time, including the grace period, it will be removed from the register. The owner may apply for restoration within one year from the expiration date, subject to additional fees and approval from the Registrar.
Yes, a lapsed trademark registration can be restored by filing a restoration application along with the required fee within one year from the expiration date. The Registrar will assess the application and may restore the trademark if satisfied with the reasons for the delay.
The cost of renewing a trademark includes the official renewal fee and any additional charges for late renewal or restoration. The exact fees can vary, so it's advisable to consult the DPDT or a legal professional for the latest information.
Yes, a trademark can be renewed for all classes in which it was initially registered. The renewal fee must be paid for each class.
The status of a trademark renewal application can be tracked through the DPDT's online portal or by contacting the office directly.
While using a trademark attorney for renewal is not mandatory, it is advisable to ensure proper compliance with the legal requirements and to handle any issues that may arise during the process.
A trademark assignment is transferring ownership of a registered trademark or a trademark application from one party (the assignor) to another (the assignee).
In Bangladesh, trademark assignments can be: (1) Complete Assignment: Transfer of all rights, title, and interest in the trademark to the assignee. (2) Partial Assignment: Transfer of rights limited to specific goods or services or within a particular territory. (3) Assignment with Goodwill: Transfer of the trademark along with the goodwill of the business. (4) Assignment without Goodwill: Transfer of the trademark without the goodwill associated with the business.
The following documents are typically required for a trademark assignment: (1) A duly executed (Original and Legalized) Deed of Assignment (2) Power of Attorney, (3) An application for the recordal of the assignment (Form TM-20 or TM-24, as applicable)
Yes, it is necessary to register the assignment with the DPDT to make it effective against third parties. The recordal provides public notice of the change in ownership.
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Yes, an unregistered trademark can be assigned in Bangladesh. The assignment will be recorded as an assignment of the pending application or the use of the mark.
The recordal of a trademark assignment should ideally be completed within six months from the date of assignment.
Failure to record a trademark assignment may result in the assignee being unable to enforce their rights against third parties, and the assignor may continue to be treated as the owner of the trademark.
Yes, a trademark can be assigned partially concerning certain goods or services or within specific territorial limits.
While it is possible to handle the assignment independently, it is advisable to seek legal assistance to ensure proper execution and compliance with legal requirements, especially to address any complex issues that may arise.
