Frequently Asked Questions
Welcome to the FAQ page, your go-to resource for understanding the complexities of trademark registration and protection in Bangladesh. Whether you are a business owner, or entrepreneur, this guide aims to provide clarity on the key aspects of trademark law in Bangladesh.
What is the Bangladesh Trademark Act, 2009?
The Bangladesh Trademark Act 2009 is legislation governing the registration and protection of trademarks in Bangladesh.
What is a Trademark?
A trademark is a distinctive sign or symbol that identifies and distinguishes the goods or services of one party from those of others. It can include names, logos, slogans, and even sounds. Trademarks play a crucial role in establishing brand identity and preventing consumer confusion.
Is Trademark Search Mandatory in Bangladesh?
No! The trademark search is not mandatory in Bangladesh as per the Trademark Act, 2009. However, it is highly advisable to conduct a trademark availability search before filing an application. It can save time and help avoid potential legal disputes in the future.
Why Should I Register a Trademark?
Registering a trademark in Bangladesh provides several advantages, including:
- Exclusive Rights: Registration grants the owner exclusive rights to use the trademark in connection with the registered goods or services.
- Legal Protection: Registered trademarks are legally protected, and owners can take legal action against unauthorized use or infringement.
- Brand Recognition: A registered trademark enhances brand recognition, making it easier for consumers to identify and trust your products or services.
Is Multi-class Trademark Application Possible in Bangladesh?
The answer is NO! Multi-class trademark application is not possible in Bangladesh. Every trademark application must be filed in each separate class as per the Nice Classification.
How Can I Register a Trademark in Bangladesh?
To register a trademark in Bangladesh, follow these steps:
- Search: Conduct a comprehensive search to ensure that your proposed trademark is unique and not already in use.
- Application: Submit a trademark application to the Department of Patents, Designs, and Trademarks (DPDT) along with the required documents and fees.
- Examination: The DPDT will examine your application to ensure compliance with legal requirements and uniqueness.
- Publication: If approved, your trademark will be published in the Trademarks Journal for public scrutiny.
- Opposition: Third parties have the opportunity to oppose your trademark within two months of publication.
- Registration: Upon successful completion of the process, your trademark will be registered, providing you with exclusive rights.
How many goods and services can be included in a single class trademark application in Bangladesh?
The applicant can include a multitude of goods or services within a single class trademark application, as there are no limitations imposed under trademark practices.
What is the Duration of Trademark Protection?
In Bangladesh, trademark registration is valid for an initial period of seven years. However, it can be renewed indefinitely for successive periods of 10 years each.
What steps can be taken for trademark renewal?
Owners must apply for trademark renewal before the expiration of the initial seven-year period and follow the prescribed renewal process.
Can foreign entities register trademarks in Bangladesh?
Yes, foreign entities can register trademarks in Bangladesh, and they are subject to the same application process as domestic applicants.
What rights does trademark registration confer?
Trademark registration provides exclusive rights to use the mark in connection with the registered goods or services and allows the owner to take legal action against unauthorized use.
How does the act address trademark infringement?
The act outlines remedies for trademark infringement, including damages, injunctions, and seizure of infringing goods.
For more details on trademark infringement, please visit.
Can trademarks be assigned or licensed in Bangladesh?
Yes, trademarks can be assigned or licensed, subject to certain conditions and formalities outlined in the act.