Answers To The Most Common Queries On Trademark Registration In Bangladesh
This article sums up the few most commonly asked questions and respective answers on trademark registration in Bangladesh.
1. Where should the application for trademark registration be filed in Bangladesh?
A. The Department of Patents, Designs & Trademarks is where the trademark registration will be filed in Bangladesh. However, you can first seek the assistance of any trademark registration expert to get the application filed at DPDT.
2. How benefited is registered trademark from an unregistered trademark in Bangladesh?
A. In case of a registered trademark, the owner can seek criminal and civil reliefs in case of trademark infringement in Bangladesh.
3. How long is the trademark registration procedure in Bangladesh?
A. 18 to 24 months is the usual time it takes to get the trademark registered in Bangladesh. However, the overall time varies if any legal issues arise during the trademark examination or opposition stage.
4. Will a trademark renewal application be examined by the Department of Patents, Designs, and Trademarks (DPDT)?
A. Yes, a thorough examination will be done to confirm the mark applied for renewal is same as the ones in trademark record. The examination includes a verification of the period the application was filed whether it is before the expiry or after.
5. What trademarks cannot be registered?
A. The following is not applicable to be registered as trademarks:
1. The mark which can probably cause confusion or deceive public.
2. The mark must not hurt any religious status or citizens of Bangladesh.
3. Contains any obscene matter.
4. A word declared as an international non-proprietary name by World Health Organization.
6. What are the grounds for trademark objections in Bangladesh trademark registration process?
A. Your trademark can be objected by Bangladesh trademark official for the following reasons:
1. If the mark is similar to already existing trademarks for similar products/services.
2. If the mark is similar to already existing trademarks for different products/services.
3. Not meeting the criterion of registering a trademark.
7. Can I file a multi-class trademark application in Bangladesh?
A. No, one cannot file a multi-class trademark application in Bangladesh.
8. Should I file a statement of use of mark while filing for its registration?
A. Yes, a statement of use has to be submitted while filed for trademark registration in Bangladesh. You need to be specific of whether the mark is already in use or yet to be used after registration.
9. Can foreign proprietors apply for trademark registration in Bangladesh?
A. Yes, foreign proprietors are allowed to apply and register their marks in Bangladesh. The Bangladesh Trademarks Act is TRIPS obedient and supports trans-border reputation.
10. Who all can file trademark registration in Bangladesh?
A. Any individual claiming to be the owner/proprietor of the mark for the respective class of goods and services can file an application for trademark registration in Bangladesh.
11. Can I file a trademark application to get right over sound and smell marks in Bangladesh?
A. No, you cannot apply to register sound and smell marks in Bangladesh.
12. How is trademark assigned in Bangladesh?
A. 1. The mark whose trademark registration application is filed will be designated with ™ symbol.
2. The mark whose trademark registration application is filed will be designated with ® symbol.