Overview :
REGISTRATION PROCESSES:
Filing/Application:
Any person claiming to be the proprietor of a Trade Mark used or proposed to be use by him/them, who desire to register, he/ they shall apply in writing to the Registrar in the prescribed manner and subject to the provision of Trade Marks Act, 2009. It will take two to six days for obtaining the Trade Mark Number and acknowledgement receipt from the date of filing of the application.
Examination / Acceptance:
After filing of the application for registration of Trade Mark/ Service Mark, it will take two to seven months for obtaining examination report. At the time of examination of the mark, the Registrar may refuse the application containing the mark or may accept or may accept it absolutely or subject to such amendment modification, conditions or limitations, if any, as he may thinks fit as per the provision of section 15(1) of the Trade Marks Act, 2009. If the mark is objected by the authority under this Act, then an objection / show cause letter is issued to the applicant(s). After receiving the objection letter, the applicant is to submit a considerable reply within 3(three) months from the date of receipt of the notice and after receiving the reply, if the trademark is considered for acceptance, then the authority will issue a acceptance letter in favour of applicant. After acceptance and obtaining the acceptance letter, the applicant is to deposit printing fees along with a proper Block/Positive of the mark for printing and publishing in the Trade Mark Journal.
Registration:
When a Trade Mark has been accepted and duly published in the monthly Trade Marks Journal and if no opposition is lodged by anybody within 60 (sixty) days from the date of publication of the Journal, then the application will be qualified for registration under the provision of section 20 of the aforesaid Act and thereafter the applicant is to submit registration fees to obtain the registration certificate. It will take two to six months for obtaining the registration certificate from date of submission of registration fees. The duration of the registration of a trademark or service mark is 7(seven) years and it can be renewed for further period of every 10(ten) years. By virtue of registration the registered proprietor is entitled to protection in the court of justice in respect of infringement of his/their registered Trade Mark or Service Mark under section 24(1) of the Trade Marks Act, 2009. After registration of any of the mark in Bangladesh there is a provision for cancellation/removal of registration from the register as per the provision of section 42 and 51 of the Trade Marks Act, 2009. Any person who is aggrieved within the meaning of section 42 and 51 of the Trade Marks Act, 2009 may file rectification case in the prescribed manner against the impugned registered Trade Mark either before the Registrar of Trade Marks or before the Honble High Court Division of the Supreme Court of Bangladesh to vary or cancel the registration of the same.
TIME LIMIT:
The normal period of registration of a Trade Mark/ Service Mark is 13 (thirteen) 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 3 to 4 years from the date of filing of the application.
MULTI-CLASS:
Multi -class filing system is not enacted in our present Trade Marks Act, 2009.
SCHEDULE OF CHARGES:
Please email us to find our Revised Schedule of charges for registration of a Trade mark or Service mark in Bangladesh.
Call: (0088) 01712743940 or e-mail: info@hossiniplaw.net/ hossainiplaw@gmail.com