Core Features of Trademark Protection in Bangladesh:

  1. Definition of a Trademark:

    • A trademark includes any sign, name, word, logo, label, numeral, device, shape, color, or combination that distinguishes goods or services of one enterprise from another.
    • Non-traditional marks like sound and colors may also be registered if distinct and representable graphically.

  2. Jurisdiction and Authority:

    • The Department of Patents, Designs, and Trademarks (DPDT) is the sole authority overseeing trademark registration, protection, and enforcement in Bangladesh.
    • The courts, including the District Courts and the High Court Division, have jurisdiction over trademark disputes and infringement cases.

  3. Classes of Goods and Services:

    • Bangladesh follows the Nice Classification (11th edition) for trademark applications, which includes 45 classes: 34 for goods and 11 for services.
    • Applicants must clearly specify the class of goods or services for which the trademark is sought.

  4. Trademark Usage:

    • Use of a trademark is not mandatory for registration but is critical for maintaining it.
    • Non-use for a continuous period of 5 years after registration may result in cancellation.

  5. Infringement and Remedies:

    • Trademark infringement occurs when an unauthorized party uses a mark identical or deceptively similar to a registered trademark, causing confusion among consumers.
    • Remedies include injunctions, damages, account of profits, and seizure of infringing goods. Criminal penalties, such as fines and imprisonment, may also apply.

  6. Licensing and Assignment:

    • Registered trademarks can be licensed or assigned.
    • Assignments or licenses must be recorded with the DPDT to ensure their legal validity.

Detailed Filing Process for Trademark Registration in Bangladesh

Step 1: Initial Trademark Search

  • Conducting a thorough search is advisable to ensure the desired trademark is unique and not already registered or pending.
  • A comprehensive search reduces the risk of objections or disputes during the registration process.

Step 2: Filing the Application

  • Applications can be filed physically at the DPDT office or through an authorized agent.
  • Necessary details include:
    • Applicant’s full name and address.
    • Representation of the mark.
    • Specification of goods/services under the relevant class.
    • Date of first use in Bangladesh (if applicable).
    • Priority claim details (if filed under the Paris Convention).

Step 3: Examination of the Application

  • The DPDT conducts a formal and substantive examination to verify compliance with legal requirements.
  • If objections arise, the applicant is notified and must respond within the stipulated time.

Step 4: Publication in the Trademark Journal

  • Once the application passes examination, it is published in the Trademark Journal, allowing the public to review the mark.
  • Any third party may oppose the application within 2 months of publication.

Step 5: Opposition Resolution (if applicable)

  • If an opposition is filed, both parties are allowed to present evidence, and the Registrar makes a decision.
  • In the absence of opposition or successful resolution, the application proceeds to registration.

Step 6: Registration Certificate Issuance

  • The trademark is officially registered, and the applicant receives a certificate of registration.
  • The registration grants exclusive rights to the trademark for 7 years, renewable indefinitely for 10-year periods.

Step 7: Renewal of Registration

Applications for renewal should be filed before expiration. Late renewals are allowed with additional fees within a grace period

Post-Registration Considerations

  1. Trademark Enforcement:

    • Trademark owners are responsible for monitoring unauthorized use and initiating legal action in cases of infringement.
    • Enforcement mechanisms include civil lawsuits, criminal prosecution, and administrative actions.

  2. Customs Recordation:

    • Registered trademarks can be recorded with Bangladesh Customs to prevent the import and export of counterfeit goods.

  3. Cancellation and Rectification:

    • A registered trademark can be canceled or rectified under certain circumstances, such as non-use, misleading registration, or similarity to existing marks.

  4. Opposition by Trademark Owners:

    • Registered trademark owners have the right to oppose conflicting trademarks during their publication in the Trademark Journal.

Trademark Protection for Foreign Applicants

  1. Territorial Protection:

    • Trademark protection in Bangladesh is territorial, meaning foreign applicants must register their trademarks in Bangladesh to enforce rights locally.

  2. Paris Convention Priority:

    • Foreign applicants can claim priority under the Paris Convention if they file in Bangladesh within 6 months of their initial application in another member country.

  3. Authorized Agents:

    • Foreign applicants must appoint a registered trademark attorney or agent to file and process applications on their behalf.
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Benefits of Trademark Registration in Bangladesh

1. Secures exclusive rights to use the mark for the specified goods or services.
2. Acts as a deterrent against unauthorized use or infringement.
3. Enhances brand reputation and market positioning.
4. Serves as a valuable intangible asset for licensing, franchising, and business expansion.
5. Provides access to legal remedies in case of disputes or counterfeiting.

Conclusion

Bangladesh’s trademark system is comprehensive, offering strong protection for businesses looking to secure and enforce their brand identities. With efficient procedures, alignment to international norms, and robust enforcement mechanisms, Bangladesh remains a favorable jurisdiction for intellectual property protection.

For expert assistance in navigating the trademark registration process or handling legal matters related to intellectual property in Bangladesh, contact our experienced team. We are dedicated to delivering tailored solutions to meet your business needs.