TRADEMARK
Definition of Trademark:
Trademark is a symbol or sign which indicates the source of goods; it distinguishes the goods or services of one entrepreneur from another. Under the Trade Mark Act, 2009, “Trademark” means a registered trade mark or a mark used in relation to goods or service or a mark used or proposed to be used in relation to any service or goods indicating a connection in the course of trade between the goods and the person having the right, either as proprietor or as registered user, to use the mark (Section 2(8)). In Bangladesh, the term “trademark‟ includes service mark too (section 2(8) (a) (ii).
| Application | |
| Priority application | Yes |
| Late submission of priority docs | 3 Months |
| Multi Class Application | No |
| Service marks | Yes |
| Classification of goods/services | Nice Classification - 10th Edition |
| Trademark in use | Not necessary. Can be filed on a proposed to be used basis. |
| Renewal | |
| Application for renewal | Can be filed 6 months prior to expiry date |
| Renewal with surcharge | Within six month from the date of expiry |
| Restoration with surcharge | 1 year |
| Renewal Valid for | 10 years |
| Examination | |
| Absolute grounds | Yes |
| Relative grounds | Yes |
| Deadline to respond to examination report | 2 months |
| Hearing before the examiner | Yes |
| Appeal against the examiner's order | Yes - to high court |
| Publication in the trademarks journal | Yes |
| Publication fees | Yes |
| Open for opposition | 2 Months |
| Registration fee | Yes |
| Registration | 7 years from the of application |
| Cancellation | |
| Cancellation for non use | Yes |
| Cancellation on Non Use grounds | 5 years before the date of cancellation petition |
New Trademark/Service Application:
All information/documents are to be in English or a certified/notarized translated copy of the same in English.
Required information:
1.Name, address and the incorporation/nationality particulars of the applicant.
2.The depiction of the trademark (word or label in jpg/png format). If the mark is a lable/logo then the same cannot exceed
10cm x 10cm in size.
3.Description of goods/services.
4.In case the mark is claiming colors/color combination, then a clear indication and /name(s) of the colors used.
5.If the trademark is in any other language other than English then a translation/transliteration of the same in English with a
sworn statement.
6.In case priority is claimed, the priority application number, filing date and the priority country.
Required documents:
Power of attorney in original. Notarization/legalization is not required. Applications cannot be filed without the POA. In case priority is claimed a certified copy of the priority document. The priority document can also be submitted within three months from the date of filing the application in Bangladesh.
Change of Applicant Name/Address:
Required Documents:
1. Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date
after filing the application.
2. Notarized and legalized (by Bangladesh Mission in country of origin) copy of the assignment deed containing clear
information about the Bangladesh trademark application(s)/registration(s), valid consideration amount (it can be a
nominal amount) and mention of the transfer of goodwill or certified copy of the merger document in English or a verified
translation of the same in English.
Renewal of a Trademark Registration:
Required Documents:
1. Power of attorney in original. Notarization/legalization is not required. The POA can also be submitted on a later date
after filing the application.
2. Notarized and legalized (by Bangladesh Mission in country of origin) copy of the assignment deed containing clear
information about the Bangladesh trademark application(s)/registration(s), valid consideration amount (it can be a
nominal amount) and mention of the transfer of goodwill or certified copy of the merger document in English or a verified
translation of the same in English.