Introduction

Trademark renewal is a crucial aspect of maintaining your brand's legal protection in Bangladesh. Understanding the cost and procedure involved in this process is essential for businesses looking to safeguard their intellectual property. This comprehensive guide will walk you through the trademark renewal cost and procedure in Bangladesh, ensuring you're well-equipped to protect your brand's identity.

Understanding Trademark Renewal

Trademark renewal is extending the legal protection of your registered trademark. In Bangladesh, trademarks are initially valid for seven years from the date of application. After this period, renewal is necessary to maintain the trademark's legal status and enjoy its benefits.

• Trademark renewal is not automatic.
• It's the trademark owner's responsibility to initiate the renewal process
• The renewal extends protection for additional 10-year periods to be continued for the limitless period.

Trademark Renewal Timeline in Bangladesh

Understanding the timeline for trademark renewal in Bangladesh is crucial for proper planning:

• The initial registration period is 7 years from the date of application or priority date. For example, if the filing date is 01 March 2000, the registration is valid until 01 March 2007. Similarly, if the priority date is 01 January 2000, the registration is valid until 01 January 2007. This date is considered the first renewal due date or deadline. 
• First renewal: Must be done six months before the expiration of the initial 7-year period
• Subsequent renewals: Every ten years after the first renewal.

It's important to note that there is a six-month grace period after the expiration date, during which renewal is still possible with additional late fees.

Trademark Renewal Cost Breakdown

The cost of trademark renewal in Bangladesh can be broken down into several components:

• Government fees:
  • Basic renewal fee: BDT 20000 + 15% VAT per class
  • Late renewal fee (within the grace period): Additional BDT 5000 + 15% VAT
• Attorney fees:
  • Can range from BDT 15,000 to BDT 20,000, depending on the complexity of the case and the attorney's experience
• Additional costs:
  • POA (if required): BDT 1,000 - 1,500

Step-by-Step Procedure for Trademark Renewal

Follow these steps to renew your trademark in Bangladesh:

1. Preparation:
   • Gather all necessary documents, including the original trademark certificate and proof of use
   • Prepare a renewal application form (Form TM-12)
2. Filing:
   • Submit the renewal application to the Department of Patents, Designs and Trademarks (DPDT)
   • Pay the required government fees
3. Examination:
   • The DPDT will examine the application to ensure all requirements are met
4. Approval:
   • If approved, the DPDT will issue a renewal certificate
   • If rejected, you'll receive a notification with reasons for rejection and the opportunity to respond
5. Post-Renewal:
   • Update your records and inform relevant stakeholders about the renewal

Common Challenges in Trademark Renewal

Several challenges may arise during the trademark renewal process:

• Missing the renewal deadline: This can result in additional fees or even loss of trademark rights
• Incomplete documentation: Ensure all required documents are to avoid delays
• Changes in trademark use: If your trademark use has changed, you may need to provide additional evidence
• Objections from third parties: Be prepared to address any objections that may arise during the renewal process

Benefits of Timely Trademark Renewal

Renewing your trademark on time offers several advantages:

• Continued legal protection: Maintain exclusive rights to use your trademark in Bangladesh
• Brand value preservation: Protect the goodwill and reputation associated with your brand
• Deterrence of infringement: A valid trademark registration discourages others from using similar marks
• Licensing opportunities: Renewed trademarks can be licensed for additional revenue streams
• International protection: A valid home registration is often required for international trademark protection

Consequences of Failing to Renew

Failing to renew your trademark can have serious consequences:

• Loss of legal protection: Your trademark rights may be terminated
• Vulnerability to infringement: Others may be able to use your mark without legal repercussions
• Loss of brand identity: Your brand may lose its unique identity in the marketplace
• Costly re-registration: If protection lapses, you may need to go through the entire registration process again
• Business disruption: Loss of trademark rights can significantly impact your business operations

Tips for a Smooth Renewal Process

To ensure a hassle-free trademark renewal experience in Bangladesh:

• Set reminders: Mark your calendar well in advance of the renewal deadline
• Maintain proper records: Keep all trademark-related documents organized and easily accessible
• Review trademark use: Ensure your trademark is being used as registered to avoid any issues during renewal
• Consider multi-class registration: If applicable, renew your trademark in multiple classes for broader protection
• Seek professional help: Consult with a trademark attorney to navigate complex renewal issues, contact us

Conclusion

Understanding Bangladesh's trademark renewal cost and procedure is crucial for maintaining your brand's legal protection. By following the steps outlined in this guide and staying proactive in your approach to trademark management, you can ensure your valuable intellectual property remains protected for years to come. Remember, timely renewal is not just a legal requirement; it's a wise business decision that safeguards your brand's identity and market position.

Don't let your trademark protection lapse. Start planning for your renewal today to ensure continued protection for your valuable brand assets in Bangladesh. Contact a trademark attorney for personalized advice on your trademark renewal needs.

This article was written by J.A. Chaudhury Reagan, Advocate, Supreme Court of Bangladesh. All rights reserved.