Registering a trademark in Bangladesh is essential for businesses aiming to protect their brand identity and intellectual property. Although the Bangladesh trademark registration process can be complex, you can successfully navigate it with the right guidance. This comprehensive guide provides a step-by-step walkthrough for registering a trademark in Bangladesh, ensuring you have all the necessary information to secure your brand's legal protection.
Before diving into the registration process, it's important to understand what qualifies as a trademark in Bangladesh. A trademark can be a word, phrase, symbol, design, or a combination of these elements that distinguishes your goods or services from others in the market. Trademark registration and protection in Bangladesh are governed by the Bangladesh Trademarks Act of 2009.
To register a trademark in Bangladesh, the mark must meet certain criteria
Distinctiveness: The mark must be unique and capable of distinguishing your goods or services from others.
Non-Similarity: It should not be deceptively similar to existing trademarks and must not be prohibited under the Trademarks Act of 2009.
A search is not mandatory but is advisable for the following reasons: it will help one determine whether the application has a chance for success or whether it would be a waste of time and money to try and register it in its present form. It will also help one avoid trademark infringement and potential lawsuits if one goes straight ahead and applies for registration.
Before applying for a trademark registration, an applicant may search to find out whether the trademark is registrable and whether there is another trademark in the records that could be confused with the intended trademark. An application for search and preliminary advice by the registrar should be made by the prospecting proprietor or his agent on Form TM-04.
The trademark search edition of Bangladesh follows the Nice Classification and trademark applications can be filed for goods in classes 1-34 and services in classes 35-45. Searches in Bangladesh can be conducted for the desired class and associated classes. Conducting a comprehensive trademark clearance search in Bangladesh to ascertain the proposed mark's availability and overcome any objections and opposition concerning the mark, later on, is advisable. Along with the trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Bangladesh.
It is advisable to conduct a comprehensive search for a figurative trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures, etc., or combinations of marks containing device marks. A device mark search in Bangladesh can be conducted among the marks filed and registered per the Vienna Code classification.
Obtaining a trademark search report in Bangladesh involves several steps, and it's crucial to perform this search to ensure your trademark is unique and not already registered by someone else. Here's a step-by-step guide on how to obtain a trademark search report in Bangladesh.
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
Who can Apply?
Any individual claiming to be the proprietor of a trademark can apply to register the mark with the Registrar. Natives and foreigners have equal rights, but a local agent must represent a foreign claimant.
Multiclass possible?
A trademark application in Bangladesh can be filed for a single class only. Multiclass applications for the same trademark can be filed in Bangladesh by making separate applications.
Types of applications:
Trademark applications in Bangladesh can be filed in two categories:
(1) Ordinary Applications (without claiming priority) and
(2) Convention Applications (claiming priority from a convention country)
Claiming Priority:
Application for a Trademark or a Priority Trademark An application claiming priority from a convention country can also be filed in Bangladesh within six months from the priority date. In case of priority, a certified copy of the priority application must be filed within three months from the filing date in Bangladesh.
A certified copy of the Priority Application (an application for a Trademark or a Priority Trademark Application claiming priority from a convention country) can also be filed in Bangladesh within six months from the priority date. In priority cases, a certifying copy of the priority application must be filed within three months from the filing date in Bangladesh. A notarized English version must also be submitted if the priority document is not in English. Note that a trademark application claiming priority from a convention country can be filed in Bangladesh within six months of the earlier filing date.
After filing the trademark application, the same is then examined by the Trademarks Registry, as to its inherent registrability and/or any similarity with existing marks. If any objection is raised (within 6 months to 1 year, depending on the back log at the Registry), an official examination report will be issued by the Trademarks Registry. To overcome the objection, it is necessary to file a response to the examination report along with the supporting documents.
It is important to note that the Trademark Office may still issue objections to a trademark that has these qualities, as there may be other trademarks that are similar or have prior rights. The trademark applicant should be prepared to respond to any objections through evidence or arguments.
If the examination is successful, your trademark will be published in the Trademark Journal. This allows third parties to review the application and file oppositions if they believe the trademark infringes on their rights.
After publication, a two-month opposition period begins. If no oppositions are filed or if you successfully resolve any, your trademark will proceed to registration
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.
Conclusion
Navigating the trademark registration process in Bangladesh requires careful planning and attention to detail. By following this step-by-step guide, you can protect your brand's identity and ensure compliance with legal requirements, securing your business's future in the competitive Bangladeshi market.
