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Trademark-Protection

Trademark Registration in Bangladesh

A trademark application in Bangladesh can be filed in the prescribed manner for a single class only to the Registrar of Trademarks and obtaining the application number. Multi-class trademark applications cannot be filed in Bangladesh. Application for a Trademark or a Priority Trademark Application claiming priority from a convention country can also be filed in Bangladesh within 6 months from the priority date.

History of trademark law in Bangladesh

The first statutory law relating to trademarks in Bangladesh was the Trademarks Act, 1940 which introduced a piece of machinery for the registration and statutory protection of Trademarks in Bangladesh.

This Act of 1940 was replaced by the Trademarks Act, 2009 which was promulgated to amend and consolidate the law relating to trademarks and unfair competition and to provide for the registration and better protection of trademarks and for the prevention of the use of fraudulent marks, and for matters ancillary thereto.

Registration Procedure of a Trademark in Bangladesh

Any person who claims to be the proprietor of a trademark can file an application for the registration of the mark in respect of his goods/services. It should be filed at the trademark office, Dhaka.

After filing the trademark application, the same is then examined by the Trademarks Registry, Dhaka as to its inherent registrability and/or any similarity with existing marks. If any objection is raised, 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 showing the marks as used.

If, following examination, the trademark application is considered allowable, an acceptance order is issued, and thereafter the trademark is published in the Trademarks Journal. If there are no oppositions filed within 2 months or within such further period, not exceeding 3 months in aggregate, from the date of advertisement in the Trademarks Journal, then the trademark registration certificate is issued.

Trademark registration is a long process and it takes around 24- 36 months to obtain registration in case no opposition is filed by a third party

Filing requirement

1. Name and full address of the Applicant, if the applicant is a company the name and position of the signatory also be required
2. Status of the applicant i.e. Merchandisers / Manufacturers /Service Providers
3. Details of the Mark /Logo/Device prints or representation.
4. Specification of Goods/Services and Class
5. User date of the mark in Bangladesh (whether the mark is in use or proposed to be used in Bangladesh).
6. General/specific power of attorney (POA) may be required
7. Prescribe fee

understand req