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Any natural person or a Legal entity can file a trademark application in selected specification of goods or services. The Applicant for trademark under Bangladesh Trademark law can also foreign national and/or Legal entity as well.
While selecting a trademark, the two factors to be kept in mind are the mark itself and the specification of goods and services the marks intends to cover. An ideal mark should be distinctive and unique in nature, and should be not similar to an already registered mark. For selecting goods and services, it is important to understand the class under which the trademark would fall; At the moment, under NICE classification goods and services can be classified as 45 different types of goods and services. Classifications 1–34 are for products, and 35–45 are for services. It is to be noted that in Bangladesh, Multiclass Applications are NOT allowed. Once you have successfully chosen a suitable mark for your company, a trademark search at the Bangladesh Trademark Office (DPDT) should be conducted to assess the feasibility of the selected mark being registered. A Trademark search is not mandatory, but is highly advised. Request for an official search can be made with the prescribed fee.
In Bangladesh, trademark registration can be obtained typically within 18 – 24 months (In case no objections are received). Following are the particulars to be kept in mind:
Certified Copy Claiming Convention Priority, Power of Attorney, and document of Usage can be submitted within 2 months from filing date.
Trademark applications are examined by the trademark examiner within 2 – 4 months of filing. The formal examination goes through the Application thoroughly under which distinctiveness with prior and similar marks is checked. In the examination report trademark may get accepted or will get objected.
When a trademark is advertised in the trademark journal, any person may oppose within 2 months from the date of the publication.
It is to be noted that the timeline may vary depending on the backlog at the registry.
If no opposition is filed against the published trademark, the Registrar will issue the registration certificate within 2 – 6 months. The certificate of registration will be issued after successfully completion of opposition period. This will be valid for a period of 7 years, after which a request for renewal can be file. On expiry of the period of protection, the trademark can be renewed for each consecutive term of 10 years. The grace period is 6 months with the additional prescribed fee.