Any person claiming to be the proprietor of a trademark used or proposed to be used by him
Yes.
No.
Application for a Trademark or a Priority Trademark Application claiming priority from a convention country can be filed in Bangladesh within 6 (Six) months from the priority date. Certified copies of the priority documents need to be filed within 3 months from the date of filing of the convention application in Bangladesh.
| Step 1- | Application Filing and obtaining provisional Trademark Number |
| Step 2- | Examination of the mark Step 2A- if the mark is objected by the examiner Objection Reply Step 2B- if the examiner is not satisfied with the Objection Reply Objection Hearing *** A trademark application can be canceled or abandoned at this stage if the examiner is not satisfied after the objection hearing. If satisfied, then comes step 3. |
| Step 3- | Journal Publication |
| Step 4- | Certificate Fee Submission |
| Step 5- | Collection of Certificate |
18-24 months. Time may vary depending on the mark/logo, class and stages explored. Time can also be minimized by special persuasion.
Any person aggrieved.
Indefinite time, subject to time-to-time renewal. Initial validity is for 7 years. Thereafter, 10 years on each renewal.
Yes.
The mark becomes liable for removal from the registry.
Yes. If it is removed from the Register on grounds of non-renewal, it can be restored within 1 year from the expiration of the last registration of the trademark.
Each renewal term is for a period of 10 years.
Application can be filed within 6 months BEFORE THE EXPIRY of the registration or renewal term.
Yes, with prescribed late fee.
A registered Trade Mark is assignable and transmissible with or without goodwill of the business in respect of all or some of the goods for which it is registered.
Non-use Ground- if a registered trademark has not been used for a continuous period of 5 (five) years from the date of registration, it can be removed on an application made by an interested party.
Failure Ground- in case of contravention or failure to observe a condition entered in the registry in relation thereto on an application made by an aggrieved person.
The Registered proprietor of a Trade mark has power to assign the mark.
If executed outside Bangladesh, should be Notarized and certified by the Embassy of Bangladesh of the assignor/assignee country. The Original Copy of the Assignment Deed needs to be legalized from the foreign ministry of Bangladesh once it arrives in Bangladesh.
Yes. However, an unregistered trademark owner may initiate passing off actions.
Yes. However, well-known trademarks must have International, National, and Cross Border reputations. Once registered, a well-known mark will get defensive marks protection-
Three years from the date on which the cause of action arose.
A patent application can be made either alone or jointly by the
Yes.
Yes. Being a member of Paris Convention, Patent applications can be filed claiming 12 months’ conventional priority in Bangladesh from the date of the application in convention country.
| Step 1- | Filing of Application |
| Step 2- | Publication request/auto publication (within 18 months) |
| Step 3- | If any, Pre-grant opposition (within 3 months of opposition) |
| Step 4- | Examination request (within 36months) |
| Step 5- | Conducting Examination |
| Step 6- | If accepted then publication |
| Step 7- | If any, Post-grant opposition (within 3months) |
| Step 8- | If no opposition, issue Letters’ Patent |
Yes. Appeal may be filed to the Government against the Order of registrar. If appeal turns unsuccessful, Suit can be filed before the Hon’ble High Court Division.
16 years, subject to renewal.
Application should be filed every year after the expiry of the 4th year and BEFORE THE EXPIRY of 5th years’ term.
Yes. It can be done for the entire tenure or for a specific tenure.
If executed outside Bangladesh, should be Notarized and certified by the Embassy of Bangladesh of the assignor/assignee country. The Original Copy of the Assignment Deed needs to be legalized from the foreign ministry of Bangladesh once it arrives in Bangladesh.
Three years from the date on which the cause of action arose.
Any person whether national or foreigner
Yes. Within six (6) months from the date the foreign application. A certified copy of the application needs to be submitted.
Total 15 years. Initially registration is given for five (5) years from the date of the application and renewable for two (2) further consecutive periods of five (5) years.
The Priority Date.
| Step 1- | Filing of Application |
| Step 2- | Substantive and Formality Examination If Objection is given- Written Argument/Hearing/Amendment |
| Step 3- | Process of Registration |
The author or publisher of, or the owner of, or other people interested in the copyright.
The owner of copyright work is generally, the person who creates the work, more specifically the author of the work except otherwise he was employed or paid by any employer for the work.
| Step 1- | Filing of Application |
| Step 2- | Examination and Notice If Objection is given- Written Argument/Hearing/Amendment |
| Step 3- | Registration |
Raid to prevent IP infringement is very common in Bangladesh. With the help of the law enforcing agency and the Consumer Protection Department raid can be conducted subject to fulfillment of certain conditions.
Import-export of counterfeited goods or gray products can be prevented through customs recordal with the relevant customs authority or port in Bangladesh.
Market investigation is a very effective way to measure the gravity of infringement. Market investigations help gathering necessary information about the method and extend of IP infringement, which provides important evidences in prevention of IP infringement mechanism.
IP documentation includes applications drafting, agreements, notices, replies, declaration etc. MentorIP is the best IP law firm in Bangladesh for IP documentation.
