The current trademark regulations in Bangladesh are mainly based on the Trademark Law promulgated on March 24, 2009. The National Patent and Design Trademark Department is responsible for managing trademark affairs, and the official languages are English and Bengali. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Bangladesh adopts the principle of "application first", but in some cases, trademark rights can also be claimed based on "prior use".
Bangladesh is a contracting party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, and WIPO Convention, and has not yet joined the Madrid System. Therefore, trademark registration can only be processed through the "single country registration" method.
Currently, Bangladesh adopts the Nice Classification 11th edition of product and service descriptions and does not accept applications for multiple categories in one form. The elements that can be registered as trademarks in Bangladesh include: text, graphics, letters, and numbers.
If the applicant does not reside in Bangladesh, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific product items;
3. The applicant's Chinese and English names and addresses;
4. Power of attorney;
5.If priority is declared, proof of priority must be provided.
The main process for applying for registration of a trademark in Bangladesh is: application acceptance examination announcement approval issuance. After the application is submitted, the Trademark Registration Office conducts a formal examination, mainly examining whether the application requirements and classification information comply with regulations. The acceptance time is about 2 weeks. After acceptance, the Trademark Registry will conduct substantive examination of the trademark, including examination of its distinctiveness, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination is approved, it will be arranged for public announcement, and the 60 day objection period from the announcement date. Any interested party or prior right holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyright, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Bangladesh takes about 3-5 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
The trademark registration in Bangladesh is valid for 7 years from the date of application; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed based on the following reasons:
1. Violating relevant laws and regulations;
2.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.