Welcome to the intricate world of Trademark Law in Bangladesh, where the protection of intellectual property takes center stage. In this dynamic legal landscape, trademarks serve as the guardians of brand identity, fostering innovation and ensuring the distinctiveness of products and services.
Join us on a journey through the nuances of Trademark Law in Bangladesh, exploring the mechanisms that safeguard the unique identities shaping the country’s vibrant business ecosystem.
From registration processes to enforcement strategies, delve into the essential elements that contribute to a robust and effective trademark framework in this South Asian jurisdiction.
In Bangladesh, trademark law is being governed by the Trademarks Act 2009 (hereinafter referred to as TA 2009). According to Section 2(8) (a)-(c) of TA 2009, trademark means the following:
“(a) in relation to Chapter X of this Act, other than section 77⎯
(i) a registered trademark or a mark used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and the person having the right as proprietor to use the mark; (ii) a mark used in relation to a service so that it may be indicated that the person has the right as proprietor to use the mark in the course of trade;
(b) in relation to the other provisions of this Act, a mark used or proposed to be used in relation to any service or goods indicating a connection in the course of trade between the goods and the person having the right, either as proprietor or as a registered user, to use the mark;
(c) certification trademark;”
In Bangladesh registered trademarks in accordance with TA 2009 can be identified with the circled ‘R’ whereas the unregistered ones can be identified through signs like ‘TM’ (i.e., an unregistered trademark, but for which application to registry has been filed) and ‘SM’ (i.e., unregistered service mark , but for which application to registry has been filed). According to Section 3 of TA 2009 the DPDT, i.e., the Department of Patents, Designs and Trademarks as established under the Patents and Designs Act 1911, is responsible and regulating authority for trademark registration. As per Section 15 of TA 2009, any person claiming to be the proprietor of a trademark already in use or proposed to be used in Bangladesh can apply for trademark registration to the Trademark Registry Wing of the Department of Patents, Designs and Trademarks i.e., the DPDT in compliance with the prescribed manner as per TA 2009. However, there are certain matters laid down in SS. 8, 9, and 10 of the TA 2009, which are not registrable as trademarks and are subject to prohibition. Once a trademark is registered in Bangladesh, it will remain valid for 7 years from the date of filling application of registration. Thereafter, the registration has to be renewed for successive periods of 10 years.
Trademark registration procedure from A to Z in Bangladesh under TA 2009:
- Filling Application for Registration:
The registration process for a trademark has to be initiated by filling an application to the DPDT, specifically to its ‘Trademark Registry Wing’. Applicable fees are required to be paid. According to Section 6 of TA 2009, a trademark shall not be registered in the Register unless it contains or consists of at least one of the following essential particulars:
(1) (a) the name of a company, individual, or firm, represented in a special or particular manner;
(b) the signature of the applicant for registration or some predecessor in his business;
(c) one or more invented words;
(d) one or more words having no direct reference to the character or quality of the goods or services, as the case may be, and not being, according to its ordinary signification, a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in Bangladesh;
(e) any other distinctive mark.
(2) A name, signature, or word that does not fall within the description in clauses (a), (b), (c), and (d) of sub-section (1) except in clause (e) of this subsection shall not be registered in the Register except upon the evidence of its distinctiveness.
(3) For this Act, the expression, “distinctive mark,” in relation to the goods or services in respect of which a trademark is proposed to be registered, means a trademark that distinguishes the goods or services, as the case may be, of the proprietor from the goods or services, of the same kind in such trade and in the case of which no such connection subsists, either generally or, where the trademark is proposed to be registered, subject to limitations.
- Acceptance or Refusal of Trademark Application by the Registrar:
After submitting the application in accordance with the prescribed manner, the registrar may either allow or refuse or order to correct or modify the application. Trademark applications can be refused or objected to by the Registrar on the following grounds:
- The concern mark is similar or identical to an existing trademark related to the same or similar goods or services or different goods or services.
- The mark is a commonly used and accepted name for any single chemical element or single chemical compound.
In the event of rejecting an application re. trademark by the registrar, she/he should issue a show cause notice/letter to the concerned applicant. Thereafter, the concerned applicant must file a reply to the said show cause notice and may seek a hearing in the matter within 3 months of the rejection. Otherwise, the application for a trademark would be considered abandoned.
- Journal Publication:
In the event of accepting an application re. trademark by the registrar, she/he shall provide a journal notification to the applicant for trademark registration for advertising the mark. Thereafter, the concerned applicant is required to deposit journal fees through pay order/treasury chalan/bank draft. Afterward, the regulating body the DPDT will send the mark to BG Press i.e., the Bangladesh Government Press for publication.
- Opposition of the Mark:
The publication of the mark any person may give notice of opposition to the Registrar within 2 months from the date of publication using the prescribed method. The registrar having received the notice of opposition sends a copy to the concerned applicant. Afterward, the concerned applicant will get an opportunity to file a counter statement within 2 months of receiving the copy of the said opposition notice.
- Finalization of the Mark:
If there is an unconditional acceptance of the application of registration by the registrar or an unopposed application or opposed but decided application, then the Registrar will finally register the trademark and the trademark will give effect from the date of filling the application. Afterward, a certificate will be issued as proof of registration in DPDT’s ‘Trademark Registry Wing’.
As a dedicated Trademark Lawyer in Bangladesh, the legal team of Advocacy Legal brings a wealth of knowledge and experience to safeguarding your intellectual property.
With a keen understanding of local and international trademark laws, Advocacy Legal is committed to guiding you through the intricacies of trademark registration, protection, and enforcement.
Let us be your ally in navigating the complex landscape of intellectual property, ensuring your brand is secure and thriving in the dynamic business environment of Bangladesh.