Industrial Design

Industrial Design Registration in Bangladesh

Any person whether national or foreigner claiming to be the proprietor of a new or an original industrial design may apply to the Registrar of the Department of Patent, design, and Trademarks for the registration of the design in Bangladesh with the following documents. In the case of the foreign application, the application will be submitted through a local agent/Lawyer.

Flowchart (Timeline) of a Industrial Design Registration in Bangladesh

The application can be made within the same day.

Stage-1: Application Filed U/R-35 (1)

(1) Ordinary Paten Application

An ordinary application is an application without claiming priority.

(2) Convention Application (Priority)

Convention application (claiming priority from a convention country)is an application that is made in Bangladesh within 6 months from the date of an application made in a convention country.

Filing Requirements

Examination report is generally issued within 9 months of the filing date of application.

Stage-2: Examination

In Bangladesh an examination for (a) Formalities check and (b) Novelty check of a design application is carried out automatically without a formal request.

In Bangladesh, it takes around 1-2 years approximately for a Design to be registered.

Stage-3: Proceed for Registration Certificate

If there is no office action or if the determination is in favour of the applicant of a design the Registrar is obliged to issue a Certificate of Registration for the Design.

Renewal:

Term of Registration

Initial Term of Design Registration is 5 years which is renewable next two terms of each 5 years. There is no option to file a late renewal application like a trademark, so the renewal application should be filed before the expiry date.

Industrial Design Application Filing in Bangladesh

In Bangladesh it can be filed in two categories:

(1) Ordinary Applications

(2) Convention Application (claiming priority from a convention country)

Ordinary Industrial Design Application

An ordinary Industrial Design application is an application that is filed without claiming priority.

Convention Industrial Design Application (Priority)

Convention application There is a provision for priority application in Bangladesh. In this respect, the applicant for registration of an industrial design apply within six months of the date of such earlier application, append to his application a written declaration indicating the date and number of the earlier application, the name of the applicant and the country in which he or his predecessor in title filed such application and shall, within a period of three months from the date of the later application filed in Bangladesh, furnish a copy of the earlier application certified as corrected by the appropriate authority of the country where such application was filed earlier.

Who can apply for Industrial Design registration in Bangladesh?

Any person whether national or foreigner claiming to be the proprietor of a new or an original industrial design. In the case of the foreign application, the application will be submitted through a local agent/Lawyer.

What is industrial design?

Legally saying, an industrial design constitutes the decorative or exquisite aspect of an article or product. An industrial design may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines or color. In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling or importing articles or product bearing or embodying a design, which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.

Cancellation

Under section 51-A of the Patent Act, 1911, any person interested may present a petition for the cancellation of the registration of a design-

(i) At any time after the registration of the design to the High Court Division on any of the following grounds, namely

(ii) That the design has been previously registered in Bangladesh or

(iii) That it has been published in Bangladesh prior to the date of registration or

(iv) That the design is not a new or original design;

Filing requirements of a Industrial Design application in Bangladesh

1) Name and Address of the applicant

2) Representation: Application on the prescribed form shall be accompanied by exactly similar four copies of representation of the article clearly showing the features of the design by different views and stating names of the views. The representation may contain drawing or photographs or specimens of the design where applicable.

3) Statement of Novelty: The applicant should endorse the application and each of the representations a brief statement of the novelty for which he/she seeks protection. This may be done when he/she files the application or at any time before registration is finally done.

4) Endorsement of disclaimers: Statement of the novelty will contain a disclaimer to the effect that no right is claimed over the use of Trademarks, any mechanism, letters, words, numbers etc.

5) Classification of Goods: For purpose of registration of industrial design, goods to which the design is to be applied are divided into fourteen classes.

6) Original POA (Power of Authority by Applicant) Original copy of POA must be filed within 1 months of filing of Patent Application in Bangladesh.

Filing Cost

Ordinary Industrial Design Application

1) Official Fee: $36 with included

2) POA: $15

3) Attorney Fee

Convention Pat Industrial Design and Application

1) Official Fee: $144 VAT included

2) POA: $15

3) Attorney Fee

Timeline

In Bangladesh, it takes around 1-2 years approximately for a Design to be registered.

Classification of industrial design in Bangladesh According to Patent & Design Act 1911

Class-1 (Products)

Articles composed wholly of metal or in which metal predominates, and Jewelery.

Class-2 (Products)

Books and bookbinding of all materials.

Class-3 (Products)

Articles composed wholly of India-rubber, wood, bone, ivory, paper-mache, celluloid, bakelite or like substances, or materials in which such substances predominate (except articles included in Class 10)

Class-4 (Products)

Articles composed wholly of glass, earthenware or porcelain, clay (burnt or baked), or cement or in which such materials predominate.

Class-5 (Products)

Articles composed wholly of paper, card-board, mill-board or straw-board (except articles included in Class 2, and paper hangings), or in which such materials predominate.

Class-6 (Products)

Articles composed wholly of leather or in which leather predominates, not included in other classes.

Class-7 (Products)

Articles composed wholly of leather or in which leather predominates, not included in other classes

Class-8 (Products)

Carpets, rugs and floor coverings in all materials.

Class-9 (Products)

Lace.

Class-10 (Products)

Boots, shoes and the like foot-wear.

Class-11 (Products)

Millinery and wearing apparel (except articles included in Class 10).

Class-12 (Products)

Millinery and wearing apparel (except articles included in Class 10).

Class-13 (Products)

Printed or woven designs on textile goods (other than checks or stripes)

Class-14 (Products)

Printed or woven designs on textile goods being checks or stripes.

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