TRADEMARK REGISTRATION IN BANGLADESH
A trademark, trade mark, or trade-mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to help consumers identify that its products or services with which the trademark appears originate from a unique source, and to help distinguish its products or services from those of other entities.
Trademarks in Bangladesh may be designated by the following symbols:
-
™(for an unregistered trademark, but for which application has been filed)
-
® (for a registered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks that do not fall into these standard categories, such as those based on color, smell, or sound.
The registration of a trademark in Bangladesh is for a period of 7 years from the date of application. To register a trademark in Bangladesh, after filing the application in the prescribed form and payment of relevant fee, the mark is then examined, published, and eventually proceeded to registration where there is no opposition against the said trademark or where the opposition against the said trademark was filed but was decided in favor of the applicant. The trademark is then registered for a period of 7 years from the date of filing of the application in Bangladesh and the registration certificate is issued. The Bangladesh Trademarks Act, 2009 also provides that if a registered trademark is not used for a continuous period of 5 years from the date of its registration, then the same becomes vulnerable to cancellation action on grounds of non-use.
The owner of a registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark. However, registration is not required. The owner of a common-law trademark may also file suit, but an unregistered mark may be protectable only in the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.
The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well-known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, as in the United States.
Designation of Trademarks
TM
For unregistered trademarks with a filed application.
®
For registered trademarks.
REGISTRATION PROCESS
Application
File an application in the prescribed form with the required fee.
Examination
The trademark is reviewed for compliance with legal requirements.
Publication
If acceptable, the mark is published for opposition.
Registration
In the absence of opposition, or if opposition is resolved in favor of the applicant, the trademark is registered for 7 years from the application date, and a certificate is issued.
A trademark search in Bangladesh can be for both word and device marks. It is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, the existence of prior identical/similar marks on the register, etc., so as to avoid any objection and opposition with respect to the mark. Although a search is not mandatory for filing the application, it is advisable to conduct a preliminary search for the proposed trademark before filing the application in order to avoid any objection and opposition with respect to the trademark later on.
Trademark searches in Bangladesh can be conducted for word marks, numerals, labels, and device marks. Device mark searches can be conducted through the Vienna code.
Trademark searches can be classified into the following categories:
Word Mark Search
Trademark word 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. Trademark searches in Bangladesh can be conducted for the desired class and associated classes.
It is advisable to conduct a comprehensive trademark clearance search in Bangladesh to ascertain the availability of the proposed mark and also to overcome any objection and opposition with respect to marking later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Bangladesh.
Device Mark Search
It is advisable to conduct a comprehensive search for a figuration trademark. The device marks include individual marks such as stylized letters, numerals, shapes, plants, celestial bodies, living creatures, etc., or a combination of marks containing device marks. A device mark search in Bangladesh can be conducted amongst the marks filed and registered as per the Vienna code classification.