How to Register a Trademark in Bangladesh: Step-by-Step Process

Introduction

Registering a trademark in Bangladesh is crucial for businesses looking to protect their brand identity and intellectual property. The Bangladesh trademark registration process may seem complex, but it can be navigated successfully with the proper guidance. This comprehensive guide will walk you through the step-by-step process of registering a trademark in Bangladesh, ensuring you have all the information needed to secure your brand's legal protection.

Understanding Trademarks in Bangladesh

Before proceeding with the registration process, it's essential to understand what constitutes a trademark in Bangladesh. A trademark can be a word, phrase, symbol, design, or combination of these elements that distinguishes your goods or services from those in the market. The Bangladesh Trademarks Act of 2009 governs trademark registration and protection in the country.

Eligibility for Trademark Registration

• To register a trademark in Bangladesh, the mark must meet certain criteria:
• It must be distinctive and capable of distinguishing your goods or services from others
• It should not be deceptively similar to existing trademarks and must not be prohibited under the Trademarks Act of 2009

Step-by-Step Process for Trademark Registration

Pre-Step: Conduct a Trademark Search

Before applying, it is crucial to conduct a thorough trademark search to ensure your desired mark is not already registered or similar to existing trademarks. This can be done through the Bangladesh Department of Patents, Designs and Trademarks (DPDT) website.

Step 1: Prepare and File the Application

Once you've confirmed the availability of your trademark, the next step is to prepare and file the application. The application should include:

• A clear representation of the trademark
• Details of the applicant
• The class(es) of goods or services for which registration is sought
• A list of goods or services covered by the application
• You can apply online through the DPDT website.

Step 2: Examination of the Application

After filing, the Registrar of Trademarks will examine your application to ensure it meets all legal requirements. If any objections are raised, you'll have the opportunity to respond and address them.

Step 3: Publication in the Trademark Journal

If the examination is successful, your trademark will be published in the Trademark Journal. This allows third parties to view the application and file oppositions if they believe the trademark infringes on their rights.

Step 4: Opposition Period

Following publication, there is a two-month opposition period. If no oppositions are filed or if you successfully overcome any oppositions, your trademark will proceed to registration.

Step 5: Registration Certificate

Once all requirements are met and oppositions are resolved, the Registrar will issue a registration certificate. This certificate serves as proof of your trademark rights in Bangladesh.

Post-Step: Renewal

In Bangladesh, a registered trademark remains valid for seven years from the filing date. However, the owner can renew the trademark for consecutive periods of ten years. To renew a trademark in Bangladesh, the owner must apply for renewal to the Department of Patents, Designs, and Trademarks (DPDT) at least six months before the expiration of the trademark registration.

Trademark Registration Fees in Bangladesh

The fees for trademark registration in Bangladesh vary depending on the type of application and the number of classes. As of 2023, the basic fee for filing a trademark application in one class is BDT 5,000 Plus 15% VAT. Additional fees may apply for expedited processing, oppositions, or renewals. It's advisable to check the DPDT website for the most up-to-date fee schedule.

Online Trademark Registration in Bangladesh

Bangladesh has introduced an online trademark registration system to streamline the process. To register your trademark online:

• Visit the DPDT e-filing portal
• Create an account or log in if you already have one
• Fill out the online application form
• Upload the required documents.
• Pay the registration fees online.

To successfully register a trademark in Bangladesh, you'll need to provide:

• A clear representation of the trademark
• The applicant's name and address
  
• A power of attorney, if filed through an agent
  
• A list of goods or services covered by the trademark
  
• Proof of use or intent to use the trademark in Bangladesh
  
• Payment of the prescribed fees
  
• Importance of Intellectual Property Registration
  

Registering your trademark is a crucial aspect of intellectual property protection in Bangladesh. It offers several benefits:

• Exclusive rights to use the trademark in connection with your goods or services
• Legal protection against infringement
  
• The ability to license or sell your trademark
  
• Enhanced brand value and consumer recognition
  
• By registering your trademark, you're taking an important step in safeguarding your business's intellectual property assets.
  

Trademark Registration Deadlines

While there is no strict deadline for registering a trademark in Bangladesh, it's advisable to do so as early as possible. The trademark registration process can take several months, and registering early helps prevent potential conflicts with other businesses.

Key deadlines to keep in mind:

• Respond to office actions within two months of receiving them.
  
• File oppositions within two months of a trademark's publication in the journal
• Registration is valid for seven years from the filing date. The first renewal fee must be paid seven years before its registration valid deadline expires. 
• Renew your trademark registration every ten years.
  

Submit your application

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Conclusion

Registering a trademark in Bangladesh is vital in protecting your brand and business interests. This step-by-step guide will help you confidently navigate the Bangladesh trademark registration process. Remember to conduct a thorough search, prepare your application carefully, and stay informed about your registration progress.

Contact us for more information on intellectual property registration in Bangladesh. If you have complex trademark issues or need assistance with the registration process, consider consulting with a local intellectual property attorney.

Take action today to secure your brand's future in the Bangladesh market. Start your trademark registration process and enjoy the benefits of a protected brand identity.