Any person claiming to be the proprietor of a Trade Mark/Service Mark used or proposed to be use by him/them, who desire to register, he shall apply in writing to the Registrar in the prescribed manner and subject to the provision of this Act, the Registrar may refuse the application 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.
Bangladesh Intellectual Property Right Office i.e. Department of Patents, Designs and Trade Marks (Trademarks Registry) follow the INTERNATIONAL CLASSIFICATION OF GOODS AND SERVICES under the Nice Agreement. The registration of Service Marks System has been included in our present Trade Marks Act, 2009 According to Existing Law any person claiming to be the proprietor of a service mark, can file application for registration of any service mark under class-35 to 45.
Following documents/information will be required for filing of Trade Mark application in Bangladesh:-
(a) Description of the TRADEMARK and if it is a Logo/Device mark then 15 (fifteen) copies Label /logo for each of the application.
(b) Full Name, Address and Nationality of the applicant(s).
(c) Description of goods or service for which the mark is to be registered.
(d) The date of use of the Trademark in Bangladesh (if any), it may be used or proposed to be used also.
(e) If priority claim, then Priority Documents.
(f) A duly executed Power of Attorney (Form TM-48).
Any person claiming to be the proprietor of a Trade Mark used or proposed to be used 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 three days for obtaining the Trade Mark Number and acknowledgement receipt from the date of filing of the application.
After filing of the application for registration of Trade Mark/Service Mark, it will take two to six month 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 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 alongwith applied mark for printing and publishing in the Trade Mark Journal.
When a Trade Mark has been accepted and duly published 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 protect 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 Hon’ble High Court Division of the Supreme Court of Bangladesh to vary or cancel the registration of the same.
The normal period of registration of a Trade Mark/Service Mark is 12-15 (twelve-fifteen) 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 2 to 3 years from the date of filing of the application.