TRADEMARK / SERVICE MARK
A trademark is a sign or logo which serves to distinguish the services or goods of one enterprise from other enterprises. When a trademark is used in relation to services rather than products then it is referred to as a service mark. A trademark or service mark is used as the identification of any trade or organization. A company can protect their products or services and can compete with others in today’s unfair market competition by registering their trademarks or service marks in the Office of Trademarks Authority of their trade locality. No body can get registration or use a mark which is similar or confusingly similar to a registered mark.
We RANA & ASSOCIATES with our experienced Trademark Attorneys assisting our international including domestic clients to protect their Trademarks Rights in Bangladesh through Bangladesh Patent, Design & Trademarks Authority.
1. Trademark Searches 2. Trademark Application 3. Trademark Registration
4. Trademark Prosecution 5. Response to Office Action 6. Trademark Hearings
7. Renewal Services 8. Portfolio Management 9. Rocordal of Assignments
10. Recordal of Licenses 11. Recordal of Mergers 12. Recordal of CoN
13. Recordal of CoA 14. Deposit of Publication fees 15. Deposit of Registration fees
16. Trademark Oppositions 17. Trademark Cancellations 18. Infringements Investigations
Classification of goods are identical with the International Classification 01 to 45 according to the NICE Agreement concerning the International Classification of Goods and Services.
Applicants can now apply for registration of service marks in Bangladesh in International Classes 35 to 45. The International Nice Classification of Services is applicable for this purpose.
S.P: Multiclass Application is not applicable in Bangladesh.
To file a Trademark Application the followings are needed:
♦ Name, Address and Nationality of the Applicant.
♦ Soft copy or 15 prints of Mark /Logo/Device or representation.
♦ Specification of Goods/Services and Class.
♦ Status of the applicant i.e. Manufacturers / Importers / Service Providers. ♦ User date of the mark (whether the mark is in use or proposed to be used in Bangladesh).
♦ Certified copy of Priority documents in case of claiming priority.
♦ General / Specific Power of Attorney (Form TM-10).
PROCEDURE FOR REGISTRATION OF A TRADEMARK
The Department of Patent, Design & Trademarks, Dhaka, Bangladesh follows the Trade Marks Act, 2009 and the Trade Marks Rules, 2015.
Every application in the prescribed manner for the registration of a trade mark in respect of any goods or services shall be acknowledged or received by the Trade Marks Authority.
Conduct Availability Search (optional):
A search can be made in prescribed manner before filing the application to find out the availability if there is a similar or rather similar pending or registered mark.
When an application for registration of trademark/service mark is filed in prescribe manner in the Office of the Department of Patents, Designs & Trademark, the person in charge in the office receives the application by issuing a filing receipt and acknowledge the Application with a Trademark Application Number. The applicant often obtain the receipt and acknowledgement copies on the same date of filing application but sometimes it takes 2 to 3 days as per offices formality.
EXAMINATION AND PUBLICATION
After receipt of an application, the respective examiner in the Trademark Office examines the applied mark serial basis for distinctiveness, identical or similarity with existing registered trademarks and general compliance with the requirements of the Law. The examiner takes 6 to 12 months to examine and issue the examination report (Office Action).
If the examiner find an application fulfills all the requirement properly to get registered as per law, the examiner issue the Notice of Acceptance/Advertisement and instruct the applicant to deposit prescribed printing fees to advertise the Notice of Acceptance in the Bangladesh Trade Marks Journal.
When the printing (Publication) is deposited in prescribed manner, the office publishes the notification of Acceptance of application serially in the Trade Marks Journal. It takes 6 to 8 months to be published in the Journal.
Meanwhile, if the examiner dissatisfied with any application as per law, the examiner raise objections/claims in the Office Action under the Local Trademark Laws and Rules.
Registration is the final step in the procedure of registration of Trademark in Bangladesh. The published marks in the Trademark Journal remain open for public inspection for a period of 2 months which called Opposition Period. Opposition against registration of any published mark can be filed on that period.
If no one oppose against the published mark then applicant deposit the registration fees in the prescribed manner. The Trademark Authority issue the Registration Certificate within 3 months after getting the fees in prescribed manner.
The validity of the Trade Mark Registration Certificate is 7 years which starts from the filing date or priority date (if any). The Trade Mark can be renewed for a term of subsequent 10 years.
TRADE MARKS PROCEDURE TIME LIMIT
The normal period of registration of a Trade Mark/Service Mark is 12-15 (twelve-fifteen) months. But this regulation is not strictly followed by the Trade Marks Authority. However, we can expect the registration of a trademark / service mark within 1.6 to 2 years from the date of filing of the application.
Application for renewal of a trademark may be made to the Registrar in the prescribed manner, not more than six (6) months before the expiration of the last renewal. Renewal is valid for Ten (10) years. A Certificate of Renewal is issued by the Registrar.
For more clarification about Trademarks Procedure in Bangladesh please e-mail us your queries to email@example.com