In order to register a trademark in Bangladesh, you will need to file a trademark application with the Department of Patents, Designs, and Trademarks (DPDT). The application process typically includes the following steps:
Step One – Searching
Conduct a trademark search to ensure that the mark you want to register is not already in use by another party.
Step Two – Application and Payment
Prepare and file a trademark application with the DPDT by providing all the necessary information, including a representation of the mark and a list of the goods and services for which registration is sought. In some cases, general/specific power of attorney may be required. The application is now fully online, and the relevant information can be uploaded to the online application portal. However, after submission of the application online, the hardcopy of the application is also required to be submitted to the Front Desk of DPDT for obtaining a tracking number.
Note that once an application is successfully submitted, the applicant can use the “tm” mark with the logo/mark of the business.
Step 3 – Review of the Application by DPDT
After filing the application, the Registrar examines the trademark for uniqueness, matching, or resemblance with existing registered trademarks. If Registrar becomes satisfied, a Letter of Acceptance will be issued for the mark to be published in the Trade Marks Journal. The Registrar may either accept or reject or order to correct or modify the application. An application for registration of a trademark may be accepted either absolutely or subject to conditions or limitations.
In case of rejection or any objection by the Registrar, the applicant will be provided with a scope for a hearing. The approval process may take several months.
Step 4 – Publication in TM Journal
Once the application is approved by the Registrar, the trademark will be published in the official Trademark Journal. After the publication, any person can raise opposition within 60 (Sixty) days.
If there is any opposition, the Registrar shall send a copy of the Notice of Opposition to the Applicant and the Applicant shall within Two months of receipt of the Notice of Opposition, file a Counter-Statement of the grounds for which it relies on 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 an 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 an 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.
If there is no opposition or if the opposition is unsuccessful, the trademark will be registered.
Step 5 – Collection of Certificate
If there is no opposition, DPDT will inform the applicant to pay certification fees. The applicant is required to submit the money receipt of the certification fees to DPDT.
On the registration of a trade mark the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the Trade Marks Registry.
Step 6 – Renewal
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.
While the process is streamlined with recent developments e.g. online applications, it is strongly advisable to hire a trademark attorney or agent to handle the registration process on your behalf to ensure that the application is completed correctly and in a timely manner.