A trademark is a symbol, word, phrase, design, or combination that distinguishes goods or services of one company from another. It helps consumers identify the source of products or services and protects the brand’s reputation.
Bangladesh allows registration of words, logos, numerals, symbols, colors, sounds, shapes, and any distinctive combination thereof as trademarks.
Trademark registration offers legal protection against infringement and helps in building brand identity. It gives the owner exclusive rights to use, license, or assign the trademark in Bangladesh.
A registered trademark in Bangladesh is valid for 7 years from the date of application and can be renewed indefinitely for subsequent 10-year periods.
The registration process includes:
- Trademark Search: To check for existing marks that may conflict with the proposed trademark.
- Application Submission: Filing the application with DPDT.
- Examination: DPDT examines the application for compliance.
- Publication: If accepted, the mark is published in the Trademarks Journal.
- Opposition Period: A 60-day period where third parties can oppose the registration.
- Registration Certificate: If no opposition is filed, a certificate of registration is issued.
Required documents typically include:
- A completed application form (Form TM-1);
- A clear representation of the trademark;
- A list of goods or services to be covered by the trademark;
- Power of attorney, if filed through an agent (Form TM-10);
- Proof of priority (if applicable) for trademarks previously filed in other countries;
Yes.
Yes, foreign applicants can register trademarks in Bangladesh, but they must appoint a local trademark attorney or agent to represent them.
The registration process can take between 18 to 24 months or more, depending on potential delays, such as oppositions or objections.
Opposition is a formal objection to a trademark registration filed by a third party who believes the mark infringes on their rights. It can be filed within 60 days after the mark is published in the Trademarks Journal.
Remedies include filing a civil suit for an injunction to stop the infringing activity, claims for damages or compensation, and, in some cases, criminal proceedings.
If a trademark has not been used within 5 years of its registration, it may be subject to cancellation upon application by any interested party.
Not directly. But impliedly.
- Filing an Application with the Customs Authority
- Initiating an Injunction Suit:
In both cases mentioned in the last question, one must submit all necessary legal documents relevant to the matter at hand. Providing these documents will greatly facilitate our efforts to resolve the issue effectively and efficiently.
While both remedies are effective in addressing customs infringement, it’s important to note that the latter option, filing an injunction suit, involves a more complex and lengthy process. However, it provides a robust legal framework for protecting your customs rights in the long term.
Trademark infringement cases involve the unauthorized use of a brand name, business name, or mark protected under intellectual property rights.
The most common remedy for trademark infringement is injunctive relief. Injunctions are court orders commanding that the infringer immediately cease its unlawful activities.
Trademark dilution refers to the unauthorized use of and/or application for a trademark that is likely to weaken the distinctive quality of or harm a famous mark.
Unlike trademark infringement, which centers on the likelihood of consumer confusion, trademark dilution deals with the weakening or diminishing of a famous mark's unique identity even if the consumer does not confuse the two products or services.
In Bangladesh, under the Trademark Law, licensing agreements between parties must be in writing. Licensing of unregistered marks is not permitted. A trademark may be licensed for some or all of the goods or services covered.
The registration of licences is mandatory. In practice, in most of the cases, the licensee does not apply for the recordal of the licence agreement.
The licence becomes effective and enforceable against third parties on the effective date of the agreement. The licence is not required to be published.
A trademark may be renewed during 6 months preceding the expiry date.
Once a trademark is renewed in Bangladesh, it is valid for a further period of 10 years from the date of expiration of registration or of the last renewal of the registration.
Simply signed Power of Attorney and scanned copy of registration certificate (if the trademark certificate is obtained by other law firm or agent).
No.
Failure to renew within the stipulated period can lead to the cancellation of the trademark. There is a grace period during which a renewal can be filed with a late fee.
The Registrar may, within 1 year from the expiration of the last registration, on receipt of an application in the prescribed form, restore the trademark to the Register and renew the registration of the trademark, if satisfied that it is just to do so.
Patent is an exclusive right granted for an invention, which could be a product or a process providing a new way of doing something or offering a new technical solution to a problem. The patent owner has the exclusive right to use, produce, and sell the invention.
Both convention and non-convention patents can be filed under this law, aligned with international agreements like the TRIPS Agreement. It allows foreign applicants to claim priority under the Paris Convention.
The Bangladesh Patent Act 2023 provides a legal framework for patent applications, but it does not directly allow for national phase filing as defined under the Patent Cooperation Treaty (PCT) because Bangladesh is not a PCT member. This means that inventions filed through PCT cannot enter a national phase in Bangladesh.
You have to file an ordinary patent application or priority claim patent application for the patent protection here in Bangladesh.
Yes, Bangladesh is a signatory to the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). It became a member of the World Trade Organization (WTO) on January 1, 1995, and, as a WTO member, is obligated to comply with the TRIPS Agreement.
Under the Patent Act 2023, a patent in Bangladesh is valid for 20 years from the filing date, provided renewal fees are paid annually after the grant.
An invention is patentable if it meets the criteria of novelty, inventiveness, and industrial applicability. It must be a new idea, represent a non-obvious improvement over prior knowledge, and be applicable in some industry.
A.Non-patentable inventions include:
- Scientific theories, mathematical methods, and algorithms.
- Methods for treating humans or animals medically or surgically.
- Plants, animals, and biological processes.
- Discoveries, natural substances, and abstract ideas.
- Inventions that are against public order or morality.
The patent application process involves:
- Filing an Application: Submit a detailed description of the invention, along with claims, drawings (if any), and the required forms;
- Preliminary Examination: The DPDT conducts an initial examination to ensure the application is complete;
- Request For Publication (optional) : Submit the application on stamped paper and ensure it is notarized ;
- Publication: After 18 months, the application is published, unless an early publication is requested.
- Opposition (Pre-Grant): Third parties can file objections within 90 days of publication, citing valid reasons.
- Request for Examination : Submit the application on stamped paper with properly notarization;
- Grant, Modification, or Rejection: If the invention meets all criteria, the patent is granted. If not, the application is rejected or modifications are requested.
- Second Publication: Upon granting, the patent is published again for public awareness.
- Opposition (Post-Grant): Another 90-day window allows challenges to the granted patent.
- Sealing and Patent Issuance: If no opposition arises and meets all criteria, a patent is granted, the applicant pays the sealing fee to receive the Letter of Patent.
Required documents typically include:
- Completed patent application form.
- Detailed specification of the invention, including title, abstract, description, and claims.
- Drawings, if applicable.
- A Power of Attorney, if applying through an agent.
Patents prevent others from making or selling an invention and protects new inventions, processes, or scientific creations. Trademarks protect the words, symbols, sounds, or logos used to identify the source of goods or services.
The time required varies, but it typically takes 2-4 years to complete the process, depending on the complexity of the invention and any examination backlog.
Yes, applicants can file a provisional patent application to secure an early filing date. This application does not require full specifications initially but must be followed by a complete application within 12 months.
Failure to pay the renewal fee by the due date can result in the patent lapsing, meaning the exclusive rights are lost, and the invention enters the public domain.
Patent infringement occurs when an unauthorized party uses, sells, or manufactures the patented invention without permission. Remedies include injunctions, damages, and orders to cease infringing activities.
Yes, a patent owner can assign or license their patent to others. Licensing agreements allow others to use the patent, while assignments transfer ownership fully or partially to another entity.
Bangladesh is a member of the Paris Convention, which allows for a priority date if the invention has been filed in other member countries. However, it is not yet a member of the Patent Cooperation Treaty (PCT), which allows for a unified patent application process across multiple countries.
Patent priority is the right of an applicant to claim an earlier filing date for their patent application in Bangladesh based on a previously filed application in another country. This helps protect the invention from being considered "novel" elsewhere within a specific time frame.
A conventional patent application is an application filed in Bangladesh claiming priority from an earlier application filed in a foreign country that is a member of the Paris Convention. The applicant must file the Bangladesh application within 12 months of the initial foreign filing date.
The Paris Convention for the Protection of Industrial Property is an international treaty allowing applicants to claim priority in other member countries. Bangladesh, as a member, allows foreign applicants to file a patent in Bangladesh within 12 months of the first filing date in another Paris Convention country while maintaining the original filing date for priority purposes.
To claim priority, you must submit a priority claim in your Bangladesh patent application, referencing the first-filed application in a Paris Convention country. You'll need to provide details of the original application, such as the application number, filing date, and a certified copy of the priority document within a specified period (generally 16 months from the priority date).
Claiming priority allows the Bangladesh application to be treated as if it was filed on the date of the first application in another country. This can prevent others from patenting similar inventions in Bangladesh and safeguard the invention's novelty if it’s disclosed publicly after the priority date.
You’ll typically need:
- Certified copy of the priority document (the original application filed in the foreign country).
- Translation of the document if it’s in a language other than English or Bengali.
- Any additional documents or forms required by the DPDT to validate the priority claim.
Yes, under the Bangladesh Patent Act 2023, applicants can claim multiple priority dates for different parts of an invention, provided all priority dates fall within the 12-month period before filing in Bangladesh. This is known as multiple priority.
Missing the 12-month priority period generally results in a loss of the priority claim, meaning the Bangladesh application will be treated as a new filing with the actual filing date, which may affect the novelty and protection of the invention in Bangladesh.
While Bangladesh is not a member of the PCT, it does accept applications from countries that are PCT members if those applications also fall under the Paris Convention. However, priority claims must still be made under the Paris Convention's rules.
Generally, the 12-month priority period under the Paris Convention is strict and does not allow for extensions. However, applicants may consult with a patent attorney to explore any exceptional provisions in case of unavoidable delays.
When a priority claim is recognized, the DPDT will consider the original filing date as the effective filing date for novelty and prior art purposes during examination. This helps protect the invention from prior disclosures that may have occurred after the priority date.
Without a priority claim, the application is subject to the actual filing date, which could mean that any disclosures, publications, or patents filed in the interim could affect its novelty. Claiming priority is essential to avoid losing rights due to later discoveries or disclosures.