Trademar

A trademark is a crucial asset of your business, granting you exclusive rights to your branding. It protects you from others who may be tempted to use confusingly similar names, logos or symbols. Trademarks are governed by the Trademarks Act, 2009 in Bangladesh and the entire process is carried out through the Department of Patents, Designs and Trademarks (DPDT), Ministry of Industries.

As a business owner, trademarks are paramount in establishing brand credibility while also offering legal protection against misuse. So, how do you register a trademark in Bangladesh? Legal Advice BD is here to help you out!

Why Register a Trademark in Bangladesh?

A trademark is a name, logo design, or slogan that is protected in a way that only the owner can use it exclusively.

• Exclusive Rights: You alone may use your trademark about the same or similar goods or services.
• Brand Protection: Stops your competitors from stealing or misusing your business name, logo or tagline.
• Enhanced Market Position: This creates trust among consumers and elevates your brand as an honest business.
• Legal Rights to Enforcement: Plaintiff can sue for trademark infringement.
• Easier Global Expansion: A trademark makes it easier to expand into new territories and apply for global trademarks.

Step-by-Step Guide to Trademark Registration in Bangladesh

Step 1: Conduct a Trademark Search

You should perform a trademark search to prevent possible legal issues and the rejection of your application.

You can conduct a search by:

• A formal search at the DPDT office in Dhaka.
• Checking the DPDT’s online database, where available.
• Seeking the assistance of a legal professional or trademark consultant for a more thorough search.

Step 2: Prepare and File the Trademark Application

Once you have established availability, you need to file the trademark application. Here are the documents you must provide:

• Application Form (TM-1) form prescribed by DPDT.
• Details of the applicant’s name and nationality (if an individual) or address (If a Business).
• Trademark Information, specifically an exact reproduction of the logo, wordmark, or symbol to be registered.
• Class of Goods or Services: This is the business industry clustering of trademarks according to the Nice Classification system (e.g., clothing, electronics, food products).
• Power of Attorney, if applying through an agent or legal representative

Step 3: Application Review and Examination

After submission, DPDT officials review the trademark for uniqueness and legality, and take the following steps. They check for:

• Similarity with existing trademarks to determine any conflict.
• It must be legally acceptable; it must not violate laws, religious sentiments or public morality.
• Originality, and the mark should not be overly generic or descriptive. Common terms like “Best Electronics” may also be rejected.

Generally, the examination process usually takes four to six months depending on the workload at DPDT. If there are any objections, the applicant is informed and given the opportunity to reply.

Step 4: Trademark Publication for Opposition

If the application survives examination, DPDT publishes the trade mark in the Trademarks Journal for scrutiny by the public. This means that anyone who thinks the new trademark would violate their rights can object to the registration.

The opposition period lasts 60 days, during which:

• Other businesses or persons may also file objections if they think the trademark conflicts with theirs.
• The applicant is given a chance to respond, explaining their trademark or presenting evidence.
• In the case of a dispute, a hearing can be conducted to settle the issue.

In the absence of objections, or in the event of the applicant successfully defending against the objections, the trademark moves to a final registration phase.

Step 5: Trademark Registration and Issuance of Certificate

After that resolution of objections (if any) is done, DPDT grants the registration of the trademark and issues a Trademark Registration Certificate. The certificate is legal evidence of ownership, and allows its holder exclusive rights to use the trade mark in Bangladesh.

Validity and Renewal:

• A registered mark is good for seven years.
• It can then be renewed indefinitely every decade to keep it legally protected.

If one fails to renew the trademark, it could result in loss of ownership rights over the mark to others.

Common Mistakes to Avoid When Registering a Trademark

1. Skipping the Trademark Search – There are many businesses that apply for a patent/reject a patent, because they did not pre-analyze the availability of a Trademark; hence, they sue it.
2. Choosing a Generic Name – Trademarks should be distinctive and capable of serving as an identifier. Registration may be refused for generic or common terms.
3. Incorrect Classification – Registering in the incorrect class (the goods or services) can be problematic down the line. Make sure you select the appropriate category.
4. Ignoring the Opposition Period – Some applicants choose not to respond to objection claims and are subsequently rejected. You should keep an eye out for them.
5. Delaying Renewal – If you miss the deadline to renew your trademark, it lapses and is available for others to claim.

Trademark registration is an investment in your brand’s future. To prevent all of this from happening, you need to avoid these common errors in order to secure a smoother transition and protect your business legally.

Why Choose Legal Advice BD for Trademark Registration?

The process of trademark registration can be long and arduous and involves filing of appropriate documentation, knowledge of law, and follow up with the government authorities. If you want expert assistance to make the process seamless and hassle-free, please contact Legal Advice BD.

What We Offer

• Comprehensive Trademark Search helps you check that there are no existing conflicting trademarks out there.
• Expert Legal Guidance to ensure your application is prepared and filed correctly.
• Trademark Dispute Support if anyone opposes your application.
• Hassle-Free Registration by handling all the paperwork, follow-ups, and legal formalities.
• Affordable Pricing with transparent fees and no hidden costs.

Legal Advice BD can help you to register your trademark and protect your brand from infringement.

Final Thoughts

A trademark is not simply a logo or a business name, but is truly a representation of your business identity. This system makes a trademark a specific logo, word, slogan, name or image that is protected in the territory or country where it has been registered.

Confused about how to register a trademark in Bangladesh? Legal Advice BD is here to help! Visit Legal Advice BD today to start your trademark registration process with expert guidance.