This article is aimed to draw a simple and clear map in the readers’ mind so that they can find this article practically effective.
Step-1: Trademark Filling
Any person who wants to be an owner of a Trademark, he/she may apply in writing to the Registrar, Department of Patents, Designs & Trademarks (DPDT), Bangladesh in the prescribed manner. All Trademark Forms (TM Forms) are available on the website of DPDT. Anyone can find his/her requisite TM form from the website. Upon receipt of the application, DPDT usually issues Official filing receipt. The receipt copy contains all relevant filing details of the trademark e.g. application number, date of application, the amount of remittance, the trademark, name of receiving staff and other necessary information.
Please take note that multi-class Trademark filing is not allowed in Bangladesh; rather, only single class Trademark filing is allowed.
New Trademark applications are examined by the trademark examiner within 2-4 months of filing. If TM application satisfies all requirements then the respective examiner, on behalf of Registrar, shall issue a letter of acceptance for the mark to be advertised in the Trademarks Journal. If TM application does not satisfy all requirements, then the examiner will issue objection notice.
Step-3: Reply of objection or objection hearing
Any objection given by the examiner may be dissolved in two ways i.e. reply of objection and objection hearing. If the authority is satisfied after the representation or hearing then the next step will be publication. Otherwise, the original TM application will be treated as rejected and the trademark is denied to be registered by the authority.
Subject to the deposition of publication fees, the accepted mark to be published in Trademark Journal provided the trademark has been accepted by the examiner.
Step-5: Opposition (If required)
When a trademark is advertised in the Trademark Journal, any person may oppose on Form TM-5 within two months from the date of the publication.
If no opposition is filed against the published Trademark, then the applicant will be asked for depositing registration fees. Upon receiving the registration fee, the Registrar will issue the Registration Certificate within 2-6 months from the date of depositing of registration fees.
Any person, who is aggrieved, may file rectification case in the prescribed manner against the impugned registered Trademark either before the Registrar of Trademarks or before the Hon’ble High Court Division of the Supreme Court of Bangladesh to cancel the registration of the same.
Validity of Trademark
Initially, a registered trademark is valid for Seven years from the date of filing and renewable thereafter for periods of Ten years in each term to an indefinite period, in terms of depositing renewal fee.
Please be informed that you may find the Trademark Office making undue delays in forwarding the files than the processing time stipulated for each step. This is because of the shortage of employees that is causing huge workload on the office staffs.
Author: Barrister Shaleh Akram Somrat