Trademark registration in Bangladesh

The country of Bangladesh is located in the center of South Asia, between India and Southeast Asia, and shares borders with India and Myanmar. This creates a strategic location for trade and transportation. Bangladesh’s river system is divided into several areas by major rivers such as the Ganges and Brahmaputra which create advantages for agriculture and water transportation, and provide a large source of water for electric energy production. Bangladesh is also a major producer of rice and other agricultural products. Labor in Bangladesh is low-cost compared to many other countries, which makes the country an attractive location for companies in demand for cheap labor. Therefore, more and more businesses need to expand their business scope in Bangladesh. The first thing to develop a business brand in this country is the issue of trademark registration. Trademark registration is both to affirm the position of the business in the market, to distinguish competitors and also to be an asset for business valuation. Viet An Law Firm would like to guide customers preliminarily through the procedures for trademark registration in Bangladesh through the article below.

Legal basis

• Trademarks Act, 2009 (Act No. XIX of 2009);
• Trademark (Amendment) Act, 2015

General overview of “trademarks” in Bangladesh

Definition

• Is a registered trademark or a sign used in relation to goods for the purpose of indicating a link in the course of business between the goods and the person who has the right as the owner to use the mark or trademark.
• A sign used in connection with a service to be able to indicate that the person has the right as the owner to use the sign in the course of business
• A mark used or intended to be used for services or goods, indicating a commercial connection between the goods and the individual who has the right to use the trademark, whether as the owner or registered user

Conditions for trademark registration

Distinguishability: The trademark must be able to distinguish and help differentiate the business’s goods or services from other competitors. A trademark is not descriptive of goods or services or is a common term in the industry

Non-deception: A trademark must not deceive or mislead about the nature, quality, or origin of your business’s goods or services.

Not against the law: A trademark must not be offensive, immoral, or contrary to public order or morals. A trademark must also not infringe existing intellectual property rights or violate any other laws.

Patentability: A trademark must not be identical or confusing to existing registered trademarks for the same or similar goods or services. Enterprises can perform a preliminary search of the trademark database before submitting an application.

Use or intended use: The trademark must be used in connection with the goods or services of the business in Bangladesh or the business intends to bona fide its use in the future.

Trademark registration dossier in Bangladesh

• The TM1 application form is available at the following link: https://www.dpdt.gov.bd/site/page/2f989f9a-4a13-42c1-9187-8d1a90f5728b/Trademarks ;
• Description of the type of group of goods/services: Apply separately for each different type of goods/services. Specify the corresponding class of goods/services in the reserved section of the application. Applicants can look up the classification of goods/services in the sub-link “NICE Classification” on the Department’s website.
• Trademark description: Apply appropriate size labels and sturdy paper to the dedicated section of the application. Do not use printed labels on paper boxes, packages, photocopies. Specify the desired trademark on the label, with the letter TM. Do not use symbols such as (R), BSTI, ISO,… or logos of any other organization without valid supporting documents. If the label/logo contains a language other than Bengali/English, the translation must be clearly stated in the application. Power of attorney from an authorized individual or guardian is required if using the person’s photo in the label/logo.
• Power of attorney in case of application through a representative organization.
• Additional documents (if applicable): If filing an application and claiming priority rights based on a foreign trademark application, the applicant should submit a certified copy of the application and certificate of foreign registration.

How to file for trademark registration in Bangladesh

To file for trademark protection in Bangladesh, you can apply by the following filing methods:

• Direct Submission: You can go directly to the Department of Patents, Industrial Designs and Trademarks – Ministry of Industry (DPDT) at Shilpa Bhaban (5th Floor) 91, Motijheel Commercial Area Dhaka 1000, Bangladesh to file the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the Office of Patents, Industrial Designs and Trademarks – Ministry of Industry to Shilpa Bhaban (5th Floor) 91,  Motijheel Commercial Area Dhaka 1000, Bangladesh.
• Submit online via website:

Log in to the website and create an account to apply online https://eservice.dpdt.gov.bd/index.php/index/login  When applying online, you should pay attention to the payment of relevant fees according to the instructions of the Department of Patents, Industrial Designs and Trademarks – Ministry of Industry.

Trademark registration fees in Bangladesh

Trademark registration fees in Bangladesh include two main types of fees

State fees

This is a fixed fee set by the Office of Patents, Industrial Designs and Trademarks (DPDT). Currently, the fee for applying for a trademark of a group of goods/services is 5,000 Taka.

Value Added Tax (VAT)

In addition to the state fee, the applicant also needs to pay value-added tax (VAT). The current VAT rate in Bangladesh is 15%.

Surcharge

The types of surcharge fees may arise depending on the specific situation of the applicant, such as:

• Registration of multiple classes of goods/services: If the applicant registers a trademark for multiple classes of goods or services, the applicant will need to pay a separate fee for each class.
• Priority Request: If the applicant makes a priority claim from a trademark application filed in another country, there will be an additional fee.
• Objection Procedure: If there is an objection to the applicant’s trademark application, the applicant may have to pay additional legal representation fees and other costs.

Trademark Application Processing Process in Bangladesh

After filing the application, the processing of the trademark application can take from 6 to 12 months.

Formal appraisal

The Office of Patents, Industrial Designs and Trademarks will check whether the application contains all of the following information such as: Completed application form, Trademark form, List of goods/services for which the trademark will be used,  Information about the applicant, Application Fee.

If the application is incomplete or invalid, DPDT will ask the applicant to amend or supplement the information within a certain deadline.

If the applicant does not amend or supplement complete information, the application will be rejected.

Proclaim

If the application is valid, DPDT will publish information about the application on the Bureau’s Web Portal within 2 months from the date of receipt of the application. The purpose of the publication is to give third parties an opportunity to object to the trademark registration. Anyone can file an objection within 3 months of publication.

Content appraisal

After publication, DPDT will conduct an appraisal of the content of the application. This process includes checking whether the trademark meets the following requirements:

• Distinguishability: The trademark must be able to distinguish your goods/services from those of your competitors.
• Non-deceptive: Trademarks must not deceive or mislead as to the nature, quality or origin of goods/services.
• Not against the law: A trademark must not be offensive, immoral, or contrary to public order or morals.
• Do not infringe the intellectual property rights of others: A trademark must not be identical or confusing to someone else’s registered or pending registration.

If the trademark does not meet the above requirements, DPDT will refuse to register the trademark.

Making decisions on granting protection titles

After completing the content appraisal, DPDT will make a decision to grant or reject trademark registration. If the application is accepted, DPDT will issue a Trademark Registration Certificate to the applicant. The trademark registration certificate is valid for 7 years and can be renewed several more times. If the application is denied, the applicant may request a review of the DPDT’s decision.

Trademark registration service in Bangladesh of Viet An Law Firm

• Carry out the search and notify customers in writing the results of trademark search in Bangladesh;
• Prepare dossiers and directly file and monitor the status of trademark filing applications in Bangladesh on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Bangladesh;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Bangladesh.
• Receive dispatches, certificates and hand over to customers (if any).

If you want to file a trademark application in Bangladesh, please contact Viet An Law Firm for the most effective support.