COUNTRY : PEOPLE'S REPUBLIC OF BANGLADESH
CAPITAL : DHAKA
LANGUAGE : BENGALI & ENGLISH
The Intellectual Property Rights Office of Bangladesh is the Department of Patents, Designs and Trademarks DPDT.
Kinds of marks registrable:
• Invented Words
• Distinctive representations
• Packaging of goods
• Music, Vocal Sounds
• 3D Signs
• Words having no direct reference to the character or quality of the goods
• Combination of all of the above
Types of trademarks registrable:
- Collective Marks
- Certification Marks
- Service Marks
- Well Known Marks
Requisites for a mark to be registrable:
• Non-descriptive of the goods and / or services
• Not be a well known term in the line of business, trade channels of the applicant
• Not be same / similar / identical either visually and / or phonetically to prior registered / pending marks.
Kinds of marks not registrable:
1. Marks which do not have distinctive characteristics, or consist of signs or data that comprise of familiar drawings and ordinary pictures of goods and products.
2. Every expression, drawing or sign which is immoral or contrary to public order.
3. Public emblems, flags, military emblems and other symbols of the state, or Arab or international organizations or one of its institutions, or in one of the countries that treat a reciprocal state, or any imitation of such slogans.
4. Symbols of the Red Crescent or Red Cross and other symbols from other similar, as well as signs that are imitations thereof.
5. Marks which are identical or similar to symbols of a purely religious nature and sentiments.
6. Geographical names if their use is to occur unequivocally regarding the source or origin of the goods or products or services.
7. Name of others or the title or image or logo, without express consent.
8. Marks which are likely to mislead the public, or which contains false statements on the origin or source of products or services or for other characteristics, as well as marks containing the name of a fictitious business, imitated or forged.
9. Consisting, comprising of scandalous and obscene matter.
10. Contravening laws of the land
11. Causing confusion or deception
12. Dis-entitled to protection in a court of law.
13. Identical and similar to prior registered trademarks.
14. Containing prohibited names of chemicals and chemical materials
15. Similar or identical to translations of well known marks.
TrademarkCopia through its associate Law Firms and Lawyers in Bangladesh is at hand to help you with trademark registration and prosecution.
It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.
Once the application is filed, a preliminary (formality) examination regarding compliance of all the requisites is carried out along with a search for prior existing trademarks and then substantive examination is carried out.
Post examination, Registrar is to inform the applicant regarding changes to be carried out if any applicant to carry out necessary changes and compliances as directed by the Registrar within stipulated period of time.
Once accepted, the mark is to be published in the Trademark Journal. Within 60 days, objection if any from 3rd parties is to be lodged. If no opposition, or opposition resolved in favour of the applicant, the mark is then registered and certificate issued.
TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Bangladesh can comprehensively assist you with trademark opposition and prosecution.
Once the trademark has been accepted for registration, the Registrar of trademarks will enter the details of the trademark onto the trademark register and the applicant will be issued with a certificate of registration. The registration process takes around 10 months.
Term of registration is for 7 yrs.
Rights of Trademarks owners:
Trademarks may be:
- Assigned and transmitted
- The subject of appropriate redressal from a court of law upon infringement.
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