Trademark Registration in Bangladesh

Trademark Registration in Bangladesh: A Step-by-Step Guide (A to Z)

Trademark Registration in Bangladesh

Trademark Registration in Bangladesh

Table of Content

     

      • What is a Trademark?

      • What can you register as a Trademark?

      • Why Trademark Registration is important?

    What is a Trademark?

    A trademark is a unique sign that identifies and distinguishes the goods or services of one company from those of another. Trademarks can include trade names or names, domain names, words, logos, symbols and designs. The purpose of a trademark is to protect the brand identity and reputation of a business, as well as to prevent confusion among consumers. A registered trademark is identifiable with the circled R whereas the unregistered ones are often identified by signs like TM or SM.

    What can you register as a Trademark?

    When it comes to trademark registration, there are various aspects of your brand that can be registered. The key is to identify which aspect(s) of your brand are most recognizable to your customers. Some examples of what you can register as a trademark include:

       

        • Product name: If you have a particular product name that is unique to your brand, you can register it as a trademark.

        • Business name: Registering your company name as a trademark is a common route that many businesses take.

        • Abbreviations: Abbreviations of a company or brand name can also be a trademark.

        • Logo/Symbol: It is highly recommended to trademark a logo because it visually represents your brand. Your customers can recall a logo faster than a name.

        • Tagline: If you have a tagline for your brand, you can go ahead and trademark that as well. A tagline tells your customers what you stand for as a business.

        • Colour mark: You can trademark a colour or combination of colours.

      Trademark registration can provide legal protection for your brand, but it is essential to choose the right aspect of your brand to register. It is recommended to seek the help of a trademark attorney or trademark lawyer to determine which aspect(s) of your brand are eligible for trademark registration.

      Why Trademark Registration is important?

      Some of the key reasons why trademark registration is important are:

         

          • Establishing your brand’s identity: A trademark helps you distinguish your products or services from those of your competitors, and establishes a unique identity for your brand.

          • Building customer trust and loyalty: A trademark can communicate quality and reliability to customers, and help build a sense of trust and loyalty towards your brand.

          • Legal protection: Trademark registration provides legal protection for your brand identity, allowing you to prevent others from using it without your permission.

          • Asset creation: A trademark is a valuable business asset, which can appreciate in value over time and provide benefits such as licensing and franchising opportunities.

          • Preventing unauthorized usage: Trademark registration gives you the exclusive right to use your brand identity in connection with the goods and services covered by your registration, and enables you to take legal action against those who infringe on your rights.

        Trademark Registration Process in Bangladesh

        If you are planning to start a business or expand your business in Bangladesh, it is important to protect your brand identity by registering your trademark. Registering a trademark in Bangladesh provides legal protection to your brand and prevents others from using your brand name or logo. The trademark registration process in Bangladesh involves several steps. The process is administered by the Department of Patents, Designs, and Trademarks (DPDT).

        In this step-by-step (A to Z) guide, we will discuss the trademark registration process in Bangladesh, the cost of trademark registration, the benefits of trademark registration, and other important information related to trademark registration in Bangladesh.

        How to register a trademark in Bangladesh?

        Step 1: Conduct a Trademark Search in Bangladesh

        Before you start the trademark registration process in Bangladesh, it is important to conduct a trademark search to ensure that your brand name or logo is not already registered by someone else. A trademark attorney can conduct this search on behalf of the applicant to ensure that there is no existing trademark that may conflict with the proposed trademark. You can apply for a trademark search to the Department of Patents, Designs and Trademarks of Bangladesh with payment of relevant fees. The search will help you determine if there are any identical or similar trademarks already registered. If your search reveals that your trademark is already registered, you may need to modify your trademark to make it distinctive or choose a new trademark.

        Step 2: Trademark Application Form

        Once you have completed the trademark search and ensured that your trademark is available for registration, you need to fill out the trademark application form. You can fill out the application form from the website of the Department of Patents, Designs and Trademarks of Bangladesh. The application form should include details such as the name and address of the applicant, a description of the trademark, and the class of goods or services for which the trademark will be used. You may also need to submit a sample of your trademark along with the application form.

        Step 3: Filing the Trademark Application in Bangladesh

        After completing the trademark application form, you need to file the application with the DPDT in Bangladesh. You can file the application in person or through a trademark lawyer online first then in person at the office of the DPDT. The filing fee for the trademark application can be paid at the time of online submission and it depends on the number of classes of goods or services for which you are seeking registration.

        Step 4: Trademark Examination in Bangladesh

        After filing the trademark application, the Registrar of Trademarks will examine the application to determine if it complies with the legal requirements of the Trademarks Act, 2009 of Bangladesh. The Registrar will also conduct a trademark search to ensure that your trademark is not identical or similar to any other registered trademark. If the Registrar finds any issues with your application, you will be given an opportunity to address the issues and make necessary changes to your application. So, it’s better to file your trademark application with a trademark attorney.

        Step 5: Publication of Trademark in the Trademark Journal

        Once the Registrar approves your trademark application, your trademark will be published in the Trademark Journal of Bangladesh. This allows others to oppose your trademark registration if they believe that your trademark infringes on their trademark rights. If there are no oppositions to your trademark registration within the specified period, your trademark will be registered.

        Step 6: Trademark Opposition in Bangladesh

        Any person may file an opposition to the trademark registration within 02 (two) months of the publication of the trademark journal. The opposition must be filed with the DPDT and must include the grounds of opposition. The opposition proceedings are legal proceedings and can take several months to resolve.

        Step 7: Trademark Registration Certificate

        Once the opposition period has passed or the opposition proceedings are resolved in your favor, the Department of Patents, Designs and Trademarks of Bangladesh will issue the trademark registration certificate. This certificate is a legal document that confirms your exclusive rights over the trademark in Bangladesh. Your trademark will be valid for an initial period of 07 (seven) years from the date of registration. You can renew your trademark registration after the initial period for successive periods of 10 (ten) years.

        Some important additional information related to trademark registration in Bangladesh:

        Intellectual Property Rights and Brand Protection

        Intellectual property refers to intangible creations of the human mind, such as inventions, literary and artistic works, and symbols, names, and images used in commerce. Intellectual property rights (IPRs) are the legal rights that protect these creations. Trademarks are one of the most important IPRs that businesses can use to protect their brand and reputation.

        Trademark Attorney and Trademark Search

        Before filing a trademark application, it is recommended to consult with a trademark attorney in Bangladesh to ensure that the trademark is available for registration and to help navigate the trademark registration process. The trademark attorney may conduct a trademark search on behalf trademark applicant prior to trademark application to determine if any conflicting trademarks already registered or pending registration could prevent the desired trademark from being registered.

        Trademark Renewal in Bangladesh

        To maintain the validity of the registered trademark, it must be renewed periodically. A trademark will be registered in Bangladesh for a term of 07 (seven) years. The renewal process can be initiated six months before the expiry of the trademark. If the renewal payments are paid, a trademark will be renewed after the initial period for successive periods of 10 (ten) years or the mark may be removed from the register due to non-renewal.

        Trademark Opposition Procedure in Bangladesh

        Any person may file an opposition to trademark registration in Bangladesh within 02 (two) months of the publication of the trademark application in the Trademark Journal. The opposition can be based on several grounds, such as prior use of a similar mark, likelihood of confusion, or lack of distinctiveness.

        The cost of filing an opposition to trademark registration in Bangladesh is BDT 5,000 govt. fee per mark per class. The opposition must be filed with the Registrar of Trademarks and must state the grounds of opposition and the relief sought.

        Once an opposition is filed, the Registrar of Trademarks will issue a notice of opposition to the trademark applicant, who may then file a counter-statement in reply by payment of govt. fee BDT 4,000. The opposition proceedings can involve several stages, such as hearing evidence and arguments, and can take several months or even years to complete. It is recommended to consult with a trademark attorney to help you navigate the opposition proceedings.

        There may be two types of opposition procedures: one is a civil proceeding that takes place before the DPDT, and the other is a criminal proceeding that takes place before a criminal court.

        Trademark Infringement

        Trademark infringement occurs when a third party uses a trademark that is identical or similar to a registered trademark without permission.

        Trademark Infringement Laws in Bangladesh

        The Trademark Act, 2009 governs the registration, protection, and enforcement of trademarks in Bangladesh. The act was amended in 2015. And the Trademark Rules, 2015 provide detailed guidelines for registration and management, including filing procedures and fees. The act and rules provide a robust framework for trademark registration, protection, and enforcement in Bangladesh, aligned with international best practices.

        Trademark infringement in Bangladesh is a civil wrong and can result in monetary damages, injunctions, and other remedies. In addition, criminal proceedings may be initiated against infringers in certain circumstances.

        Trademark infringement laws in Bangladesh protect the registered trademarks from unauthorized use by others. If a trademark is infringed, the owner can take civil or criminal proceedings against the infringer and seek legal remedies such as injunctions, damages, or fines and account of profits.

        Benefits of Trademark Registration in Bangladesh

        Trademark registration in Bangladesh offers several benefits, including the following:

           

            • Legal Protection: Trademark registration gives you the exclusive right to use your trademark for the goods or services for which it is registered. It also provides legal protection against any unauthorized use or infringement of your trademark.

            • Exclusive Rights: A registered trademark gives the owner exclusive rights to use the trademark for the goods and services covered by the registration certificate. This helps to prevent others from using the same or similar trademark, which can cause confusion among consumers.

            • Fair Competition: Trademark registration promotes fair competition in the market by preventing others from using similar marks that may cause confusion or deception.

            • Brand Protection: Trademark registration helps to protect your brand by preventing others from using a similar or identical trademark that could cause confusion in the marketplace.

            • Competitive Advantage: A registered trademark gives you a competitive advantage over other businesses that do not have a registered trademark. It helps to establish your brand and build customer trust and loyalty.

            • Business Reputation: A registered trademark helps to build your business reputation by demonstrating that your brand is unique and valuable.

            • Priority of Use: Trademark registration gives you priority of use of your trademark in Bangladesh, meaning that you can prevent others from using a similar or identical trademark for the same or similar goods or services.

          Trademark Registration Requirements in Bangladesh

          To register a trademark in Bangladesh, the following requirements must be met:

             

              • The trademark must be capable of being represented graphically.

              • The trademark must be distinctive.

              • The trademark must not be identical or similar to an existing trademark or a well-known mark.

              • The trademark must not be offensive or contrary to public policy or morality.

              • The applicant must be the rightful owner of the trademark or have the right to use it.

            Cost of Trademark Registration in Bangladesh

            The cost of trademark registration in Bangladesh varies depending on the number of goods/services covered by the trademark application. Additional fees are applicable for each additional class of goods/services covered by the application.

            The following fees (govt. fee & VAT) apply for a single class of goods/services:

               

                • Trademark search: BDT 2,300

                • Filing the application: BDT 5,750

                • Power of Attorney: BDT 1,000

                • Publication of trademark in the journal: BDT 3,450

                • Trademark registration: BDT 23,000

                • Renewal of trademark registration: BDT 23,000

                • Filing an opposition to trademark registration: BDT 5,750

                • Amendment to the trademark application: BDT 2,300

              In addition to the government fees & VAT, there may be other costs associated with trademark registration, such as trademark attorney fees and others.

              Trademark Attorney Fees in Bangladesh

              Engaging a trademark attorney is not mandatory in Bangladesh, but it is recommended. A trademark attorney can assist the trademark owner in conducting a trademark search, filing the application, and handling any opposition or infringement proceedings.

              The fees for a trademark attorney in Bangladesh vary depending on the complexity of the case and the attorney’s experience.

              Trademark Renewal Fees in Bangladesh

              The renewal fees for a trademark in Bangladesh depend on the number of classes of goods or services for which the trademark is registered. The govt. fees for renewing a trademark in one class are BDT 23,000.

              Trademark Opposition Fees in Bangladesh

              The fees for filing an opposition against a trademark registration in Bangladesh are BDT 5,000. If the opposition is successful, the opponent may recover their costs from the trademark applicant.

              Trademark Journal Publication in Bangladesh

              The Trademark Journal is published by the Department of Patents, Designs, and Trademarks in Bangladesh. The journal contains the details of all trademarks that are open for opposition, along with their classes and owners’ names.

              Trademark Registration Validity in Bangladesh

              A registered trademark in Bangladesh is valid for 07 (seven) years from the date of registration. The trademark owner can renew the registration for another 10 (ten) years by filing a renewal application with fee.

              Trademark Registration for Small Businesses in Bangladesh:

              Small businesses in Bangladesh can also benefit from trademark registration. In fact, it is highly recommended for small businesses to register their trademarks to protect their intellectual property and to create brand recognition among consumers.

              Trademark Registration for International Businesses in Bangladesh

              Foreign businesses can register their trademarks in Bangladesh under the same provisions as domestic businesses. However, foreign businesses may face some additional requirements, such as providing proof of use or intent to use the trademark in Bangladesh. However, to claim priority international businesses may also need to provide additional documentation, such as a certified copy of the trademark registration in their home country.

              Trademark registration for software products in Bangladesh

              If you are a software developer or a business that creates software products, you may want to consider registering your trademark in Bangladesh. Trademark registration provides legal protection for your brand identity, and it is essential for establishing your business as a unique and trustworthy entity.

              Trademark Registration for Online Businesses in Bangladesh

              In today’s digital age, more and more businesses are operating online. If you have an online business, it is crucial to protect your brand identity by registering your trademark. Trademark registration provides legal protection and helps you build trust and credibility with your customers. Online businesses in Bangladesh can also register their trademarks to protect their brand and intellectual property. The process for registering a trademark for an online business is the same as for any other business.

              Trademark Registration for Food and FMCG Products in Bangladesh

              Trademark registration is an essential step for any business, including those in the food and FMCG industry. In Bangladesh, food and FMCG products are a vital part of the economy, with the industry comprising a significant portion of the country’s GDP. With such a competitive market, businesses must protect their brand identity and ensure they stand out among their competitors. Trademark registration offers a range of benefits that can help food and FMCG businesses achieve this.

              Documents Required for Trademark Registration in Bangladesh

              Initially, you have to provide us with the following details:

                 

                  • Business Trade License

                  • Incorporation Documents (If Incorporated with RJSC)

                  • Logo Mark/ Brand (3” by 3” size JPEG)

                  • Power Of Attorney (If required)

                  • Applicant’s Mobile Number and Email Address

                  • Applicant’s Name of Signatory, Designation, Type of Company, Address, Class (in case of foreign company)

                Conclusion

                Trademark registration is an important aspect of protecting intellectual property rights in Bangladesh. The trademark registration process involves several steps, such as conducting a trademark search, preparing and filing a trademark application, and responding to objections or oppositions.

                The cost of trademark registration in Bangladesh is relatively low compared to other countries in the region, but additional fees may apply for various services. It is highly recommended to engage the services of a qualified trademark attorney to ensure a smooth and successful registration process.

                Trademark registration offers several benefits to businesses and individuals, such as exclusive rights, legal protection, and competitive advantage. By investing in trademark

                Why License Sheba?

                License Sheba provides a smooth and hassle-free comprehensive trademark registration services to businesses in Bangladesh. They conduct a thorough search of the TM directory, prepare authorization letters, guide businesses with the classes they need to apply under, fill and apply with the Registrar, and provide constant updates until the registration process is complete. Additionally, businesses get the best support throughout the process, and all their queries will be answered.

                Choosing License Sheba for trademark registration provides numerous benefits to businesses. Firstly, it saves businesses time and effort as they do not have to navigate the complex registration process themselves. License Sheba’s experts guide businesses with the classes they need to apply under, ensuring that businesses file for trademark registration correctly. They also provide constant updates, which keep businesses informed about the progress of their application.

                Secondly, businesses that choose License Sheba for trademark registration can be assured that their brand identity is protected. The legal protection offered by trademark registration prevents unauthorized usage of a brand’s identity, which is crucial for online businesses that rely heavily on their online presence. By protecting their brand identity, businesses can build trust and loyalty among their customers.

                Lastly, trademark registration is an asset in itself. A registered trademark can increase a business’s value and can be used as a bargaining chip during negotiations. By taking the service of License Sheba, businesses can obtain a registered trademark easily and quickly, which can provide a competitive edge in the marketplace. In summary, License Sheba provides a comprehensive trademark registration service to businesses in Bangladesh. Businesses should take advantage of this service as it saves them time and effort, protects their brand identity, and can increase their business’s value. Additionally, License Sheba provides expert guidance throughout the registration process, ensuring that businesses file for trademark registration correctly. Overall, choosing License Sheba for trademark registration is a wise investment for any business looking to protect their brand identity and increase their competitiveness in the marketplace.

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