Legal Query :
I want to establish a security business company. I have already formed a company. I would request you to inform me about the details about the registration process of trademark.
Legal Opinion :
Trademark registration in Bangladesh is performed through the Department of Patents, Designs and Trademarks (DPDT). Any person claiming to be the proprietor of a trademark already in use or proposed to be used in Bangladesh may apply in writing for registration of a Trademark in the prescribed manner. An applicant has to file application for the registration of a trademark to the Trademark Registry Wing of the DPDT. Service Marks can also be registered in Bangladesh. Applicants can apply for registration of service marks in Bangladesh. The International Nice Classification of Services is applicable for this purpose. An application for the registration of a trademark shall include the following-
1. Name of the Mark /Logo/Device prints or representation.
2. Name of the Applicant.
3. Address and nationality of the Applicant.
4. Status of the applicant i.e. Merchandisers / Manufacturers /Service Providers
5. Specification of Goods/Services and Class.
6. User date of the mark (whether the mark is in use or proposed to be used in Bangladesh).
7. General/specific power of attorney may be required.
8. Applicable fees is required to be paid.
After filing the application, the Registrar may either accept or reject or order to correct or modify the application. An application for registration of a trade mark may be accepted either absolutely or subject to conditions or limitations. The Registrar, on receipt of the application, issues Official Filing Receipt. The document contains all relevant filing details on the trademark e.g. Application Number, date of application, the trademark etc.). If the Registrar reject any application, s/he should issue a show cause letter to the applicant. The applicant must submit reply to the show cause notice and may seek a hearing in the matter within three (3) months otherwise, the application will be deemed abandoned
After an application is accepted by the Registrar, s/he shall provide a Journal Notification to the applicant for the advertisement of the mark. Afterwards the applicant is required to deposit journal fees though pay order/treasury chalan/bank draft. Then DPDT will send the mark to Bangladesh Government Press (BG Press) for publication.
After BG Press publishes the mark, any person may within two (2) months from the date of the publication give notice of Opposition to the Registrar using prescribed form.
The Registrar shall send a copy of the Notice of Opposition to the Applicant and the Applicant shall within Two month of receipt of the Notice of Opposition, file a Counter-Statement of the grounds for which it relies for its application to be registered. Failure to file the Counter-Statement within the prescribed period will result in the application being deemed abandoned. The applicant may seek extension of time for filing Counter-Statement along with Govt. fees.
Where a Counter-Statement is filed, the Registrar shall furnish a copy thereof to the Opponent. The parties are required to file evidence by way of Affidavit and the Registrar shall, after hearing the parties, decide on whether the application should be registered or not. The Registrar’s decision shall be subject to appeal to the High Court.
If there is no opposition, DPDT will inform the applicant to pay certification fees. The applicant is required to submit the money receipt of the certification fees to DPDT. On the registration of a trade mark the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof sealed with the seal of the Trade Marks Registry.
A.B.M Shahjahan Akanda (Masum)
Advocate, Supreme Court of Bangladesh.
He is the Head of the chamber of a renowned law firm, namely, ‘Law for Nations’, which has expertise mainly in banking law, tax law, commercial law, corporate law, family law, employment and labor law, land law,constitutional law, criminal law and in conducting litigations before courts of different hierarchies. He can be reached at – cell:01711459590, E-mail: email@example.com.