Requirements for the application:
a. Name of the Mark /Logo/Device prints or representation. b. Name of the Applicant. c. Address and nationality of the Applicant. d. Status of the applicant i.e. Merchandisers / Manufacturers /Service Providers e. Specification of Goods/Services and Class. f. User date of the mark (whether the mark is in use or proposed to be used in Bangladesh). g. General/ Specific Power of Attorney. Power of Attorney (POA) may be filed subsequently.
The mark is thoroughly examined as regards – (i) distinctiveness (ii) similarity or being identical or nearly resemble with existing trademarks on the Register of Trademarks; (iii) hurt religious susceptibilities of any class of Bangladesh, and (iv) compliance with the requirements of the Trade Marks Act.
Procedure for registration of a trademark in Bangladesh
1. Conduct Availability Search (optional). 2. Filing the Application: An application is made in the prescribed manner to the Registrar of Trade Marks. 3. Acknowledgement of Application: The Registrar, on receipt of the application, issues Official Filing Receipt. The document contains all relevant filing details on the trademark e.g. Application Number, date of application, the trademark etc.). 4. Examination of the Application: The Registrar examines the trademark for distinctiveness, identical or similarity with existing registered trademarks and general compliance with the requirements of the Law. If the Registrar is satisfied, he issues a Letter of Acceptance for the mark to be advertised in the Trade Marks Journal for opposition purposes. Otherwise, the Registry raised objection seeking written reply regarding objections. 4.1. Refusal of Application: Where an application is refused, the Applicant through its local agent must submit reply to the show cause notice and may seek a hearing in the matter within three (3) months otherwise, the application will be deemed abandoned. 4.2. Acceptance of Application: If the Examiner is satisfied as to (4.1) above, the Registrar accepts the mark for advertisement in the Trade Marks Journal. 5. Opposition Proceedings: When a trademark is advertised, any person may within two (2) months from the date of the publication give notice of Opposition to the Registrar on Form TM-5. The Registrar shall send a copy of the Notice of Opposition to the Applicant and the Applicant shall within two (2) month of receipt of the Notice of Opposition, file a Counter-Statement of the grounds for which it relies for its application to be registered. Failure to file the Counter-Statement within the prescribed period will result in the application being deemed abandoned. The applicant may seek extension of time for filing Counter-Statement along with Govt. fees. Where a Counter-Statement is filed, the Registrar shall furnish a copy thereof to the Opponent. The parties are required to file evidence by way of Affidavit and the Registrar shall, after hearing the parties, decide on whether the application should be registered or not. The Registrar’s decision shall be subject to appeal to the High Court. 6. Registration Where no opposition is received at the expiration of the opposition period or the opposition is determined and resolved in favour of the Applicant, the Registrar is obliged to issue a Certificate of Registration for the trademark on payment of the prescribed fee. The registration date of the trademark will be the date of filing. Term of Registration A registered trademark is valid for an initial period of seven (7) years from the date of filing and renewable thereafter for successive periods of Ten (10) years. Renewal 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 for ten (10) years. A Certificate of Renewal is issued by the Registrar as evidence of payment of the renewal fee due at that period. Clients are advised that the renewal fee due on a mark cannot be paid until the mark is registered. Clients are therefore advised that they need not worry about the renewal fee until the mark has been registered.