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Trademark 3

The document outlines the procedure for trademark registration in Bangladesh, including filing an application, acceptance, advertisement, opposition, registration, and renewal. It is a multi-step process where an applicant files, the application is accepted or opposed, and if not opposed it is registered and a certificate is issued within 150 days.

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45 views15 pages

Trademark 3

The document outlines the procedure for trademark registration in Bangladesh, including filing an application, acceptance, advertisement, opposition, registration, and renewal. It is a multi-step process where an applicant files, the application is accepted or opposed, and if not opposed it is registered and a certificate is issued within 150 days.

Uploaded by

Play. Games
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Procedure for

Registration: Under
Trademarks Act, 2009
Step 1: FILING OF APPLICATION –
SECTION 15
 Any person claiming to be the proprietor can file an
application for registration of a mark used or proposed
to be used.
 The person(s) shall file separate application for each
class of goods or services.
 The application must be filed at the Head office or any
branch of the Trademark Registry having territorial
jurisdiction over the principal place of business.
 If the person does not carry on business in
Bangladesh, the application must be filed in the office
having territorial jurisdiction over the place mentioned
in the address for service in Bangladesh.
 Requirements:
 Name of the Applicant(s)
 Address and Nationality
 Specification of goods
 Fees: 3500 taka
 Form- “TM-1”.
Step 2: ACCEPTANCE – SECTION 15
 The Registrar may accept the application absolutely
and go ahead with further process.
 He may refuse to accept the application recording the
grounds of refusal.
 He may conditionally accept the application, i.e.
subject to amendments, modifications, conditions or
limitations.
Step 3: ADVERTISEMENT – SECTION
17
 After the conditional or absolute acceptance of the
application, the Registrar may advertise the
application in the prescribed manner along with the
prescribed fees.
 If there are any corrections in the application under
Section 19, it will be advertised again after such
correction to the satisfaction of the Registrar.
 Form- “TM-9”
 Fees- 1000 taka.
Step 4: OPPOSITION – SECTION 18
 Within 2 months from the date of advertisement of the
application, any person may oppose the same by
serving due notice to the Registrar via form TM-5
along with the prescribed fees (2000 taka).
 He shall, within 1 month from the date of receipt of
the notice, serve a copy of the same to the applicant.
 Thereafter, the applicant shall file a counter within 2
months from the date of receipt of such notice to him via
form TM-6 and the prescribed fees (1500 taka). If a
counter is not filed, the application shall be deemed to
have been abandoned.
 The Registrar shall serve a copy of such counter to the
opponent.
 All the evidences upon which the applicant and opponent
rely shall be submitted in the prescribed time and manner
to the Registrar, and they shall be granted an opportunity
of being heard if so desired upon application via form
TM-7 or TM-23 along with prescribed fees (1000 taka).
 The Registrar, after following due process of
opposition shall decide whether to accept,
conditionally accept, or reject the application.
 Notwithstanding anything contained in the Act, the
opposition proceedings must be wound up/ concluded
in 120 working days.
Step 5: REGISTRATION – SECTION 20
 If the application is accepted or not opposed or the
notice period of opposition has expired, or it has been
opposed and the decision is in favour of the applicant,
the trademark shall be registered by the Registrar.
 The applicant shall be issued a certificate of
registration with the seal of the trademark registry.
 Such certificate shall be issued within 150 working
days from the date of filing of application.
 Such certificate shall be issued within 150 working
days from the date of filing of application.
 The duration of the trademark shall be of 7 years, and
can be renewed by paying the prescribed fees, from
time to time.
 The Registrar may renew the registration of the
trademark for 10 years from the date of expiration of
original registration or the last renewed registration on
application by the applicant.
 It takes around 24-36 months to get a trademark
registered in Bangladesh in a smooth case.
Rights conferred by Registration:
 Registration of a trademark confers the following
rights under Section 25:
 Exclusive right to use the trademark in relation to
those goods and services for which it has been
registered.
 Obtain relief against infringement of the same in
accordance with the Act.
 It also provides that no person except the registered
proprietor/ owner of the trademark shall use the same
in respect of the goods and services for which it is
registered under the Act, without the consent of the
registered owner.
 The Act, just like Indian law, also incorporates the
common law remedy of “Passing Off’ in its Section
24. It provides that no infringement action be
instituted for an unregistered Trade Mark. Secondly,
nothing in the Act shall be deemed to affect the right
of action against any person for passing off goods or
services of another person and any other related
remedies.
Registration
 Above after, If there is no dispute against the
trademark publication, after the expiration of the 2
(two) months period, the Registrar will inform to pay
the required fee. Thereafter, the Registrar after
receiving the fee to issue a Certificate of Registration
for the trademark. A registered trademark is valid for
(7) seven years from the date of filing.
Renewal of trademark registration
 A Trademark can be renewed in Bangladesh from
time to time for an unlimited period upon payment of
the renewal fees. However, Failure of renewal may
cause of a removal of registered trademark from the
Register. The renewal term can be for a period of 10
years. Please do remember, Application for renewal
of a trademark should make not more than six (6)
months before the expiration of the last renewal.
Thank You

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