Bhutan
Fees for registering Bhutan trademarks
First class：
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Renewal:Notarization & Legalization:
Service Process
Trademark registration time
The current trademark regulations in Bhutan are mainly based on the Industrial Property Law of the Kingdom of Bhutan, which was promulgated on July 13, 2001. The Bhutan Intellectual Property Registry is responsible for managing trademark affairs, and the official language is English. Trademark exclusive rights need to be obtained through registration. Trademark registration is mandatory. Bhutan adopts the principle of "application first" for trademark registration.
Bhutan is a signatory to international intellectual property treaties such as the Paris Convention and the WIPO Convention, and a member of the Madrid Agreement and the Madrid Protocol. Therefore, trademark registration can be processed through "single country registration" or "Madrid international registration".
Trademark Registration Process
At present, Bhutan adopts the Nice classification of goods and services descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Bhutan include: text, graphics, colors, letters, numbers, etc.
If the applicant does not reside in Bhutan, 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 categories and product/service items;
3. Name and address of the applicant;
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 Bhutan is: application acceptance examination announcement approval issuance. The application will be accepted within 1-2 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, 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 passes, it will be arranged for public announcement.
Three months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. 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, copyrights, personal names, 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 Bhutan takes about one year; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended.
Trademark registration materials
The Bhutan trademark is valid for 10 years after registration, starting 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. Malicious registration;
3.If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
The application for trademark revocation can be submitted to the Bhutanese court or trademark registration office, and under current examination conditions, it generally takes 1-2 years. The respondent can generally provide the following evidence materials to respond to the revocation application filed by others on the grounds of "not used":
Invoice; Product catalog; Revenue evidence;
Packaging and decoration; quotation; label;
advertisement; Written statement; Market research results.
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