Trademark registration in Bangladesh is achieved through the Department of patents, designs and trademark (DPDT). Any person declaring to be the proprietor of a trademark who is already in use or will be using in future in Bangladesh may apply in writing for registration of a Trademark in the prescribed manner. An applicant has to file application for the registration of a trademark to the Trademark Registry Wing of the DPDT. Claimants can apply for registration of service marks in Bangladesh. The International Nice Classification of Services is also valid for this purpose.
APPLICATION OF TRADEMARK
- Dully filled up application forms detailing name of applicant, address, nationality, specification of goods and services and applicable Class.
- User date of the mark (whether the mark is in use or proposed to be used in Bangladesh).
- Copies of the Mark ( in colour print).
- General/specific power of attorney may be required.
- Separate application is required to be made in respect of every class of goods or services.
ACCEPTANCE OR REJECTION OF TRADEMARK BY THE REGISTRAR
- After filing the application, it depends on the Registrar whether to accept it or reject or order to correct or modify the application. An application for registration of a trade mark may be accepted either totally or might be subject to certain limitations.
- The Registrar, on receipt of the application, issues Official Filing Receipt. The document includes all relevant filing details on the trademark e.g. Application Number, date of application, the trademark etc.
- On the other if the Registrar reject any application, he should issue a show cause letter to the applicant. The applicant must reply to the show cause notice and may seek a hearing in this matter within three months otherwise, the application will be deemed abandoned.
- The Registrar may at his discretion, correct an error, before or after the acceptance.
ADVERTISEMENT OF APPLICATION
- After an application is accepted by the Registrar, he should provide a Journal Notification for the advertisement of the mark to the applicant.
- Afterwards the applicant is required to deposit journal fees through pay order, government fees, bank draft. Then DPDT will send the mark to Bangladesh Government Press (BG Press) for publication.
OPPOSITION OF THE MARK
- After BG Press publishes the mark, any person within two months from the date of the publication must give notice using prescribed form of the Opposition to the Registrar.
- The Registrar should send a copy of the Notice of Opposition to the Applicant and the Applicant within Two month of receipt of the Notice of Opposition; file a Counter-Statement of the grounds for which application to be registered. Failure to file the Counter-Statement within the agreed period will cause the application to be abandoned.
- The applicant may seek extension of time for filing Counter-Statement along with Govt. fees.
- Where a Counter-Statement is filed, the Registrar shall provide a copy to the Opponent. The parties are required to file evidence by way of Affidavit and the Registrar shall, after hearing the parties, shall decide whether the application should be registered or not. The Registrar’s decision shall be subject to appeal to the High Court.
REGISTRATION OF THE MARK
- If there is no opposition, the applicant will be informed by DPDT to pay certification fees. Moreover applicant is required to submit the money receipt of the certification fees to DPDT.
- The Registrar shall issue to the applicant a certificate in the prescribed form while registration a trade mark thereof sealed with the seal of the Trade Marks Registry.
TERM AND RENEWAL
- A registered trademark is valid for a preliminary stage of seven years from the date of filing and renewable thereafter for successive periods of Ten years.
- Renewal fees must be paid before the expiry date not more than six months prior the expiry.
- Late renewals available, up to four months after expiry date, with payment of late fees.
REMEDY FOR INFRINGEMENT
Where the rights of a proprietor of a registered trademark has infringed, he can initiate civil proceeding or criminal proceeding for remedy. Any infringement of trademark, or to establish the right or any ratified right regarding trademark shall be instituted in the Court of District Judge within whose jurisdiction the infringement occurred.
A criminal proceeding has to be instituted in the Court of Metropolitan Magistrate. Remedy in a suit for infringement may be availed in the form of injunction, damages, an accounts of profit, destruction or erasure of falsifying trademark, delivery up the goods marked with false trademark.