Trademarks |
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Bangladesh |
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(Asia Pacific)
Firm
The Legal Circle
Contributors
Anita Ghazi Rahman |
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| What is the system for trademark protection in your country? | The system for trademark protection in Bangladesh includes the following:
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| To which international treaties does your country belong? | Bangladesh belongs to the following international treaties:
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| What are the benefits of registering a trademark in your country? | The benefits of registering a trademark in Bangladesh include:
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| Is it possible to obtain registration for the following types of marks under the registration system in your country? | Service marks Yes Defensive marks No Collective marks Yes, a description of the mark along with the requisite documents mentioned in the next sub-heading. Certification marks Yes, a description of the mark along with the requisite documents mentioned in the next sub-heading. Well-known marks No Series marks Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading. Marks in a different language or characters other than Roman characters Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading. Non-traditional marks: Sound marks Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading. Non-traditional marks: Smell marks Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading. Non-traditional marks: Position marks Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading. Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color) Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading. Non-traditional marks: Shape or three-dimensional marks Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading. |
| What are the documents and information required for filing a trademark application in your country? | Documents and information required to file a trademark application in Bangladesh include:
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| Are multi-class applications permitted in your country? | No, multi-class applications are not permitted in Bangladesh. |
| Is there substantive examination of trademarks? | Yes, there are substantive examinations of trademarks in Bangladesh on the following grounds:
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| What are the absolute grounds for refusal? | Absolute grounds for refusal of a trademark in Bangladesh include:
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| What are the relative grounds for refusal? | Relative grounds for refusal of a trademark in Bangladesh include:
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| What is the time period from application to registration for a straightforward trademark application in your country? | The time period from application to registration in Bangladesh is 18 months or longer. |
| Is late renewal of a trademark registration permissible in your country? | Yes, late renewal of trademark registration is permissible in Bangladesh. It is possible to renew the trademark registration within one year from the expiration of the last registration of the trademark, on payment of a prescribed late fee. The registration of the trademark can be renewed for a period of ten years from the expiration of the last registration. |
| Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country? | No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Bangladesh. |
| Are trademark licensees required to record themselves with the Registrar? | Yes, trademark licensees are required to record themselves with the Registrar in Bangladesh. |
| What are the available enforcement methods in your country? | Available enforcement methods in Bangladesh include:
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| Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware? | Yes, the trademark registration process is very slow in Bangladesh due to the lack of employees in the office, who cannot meet up with the bulk of trademark applications filed each year. Similar to the patent office, the trademark office is dedicated to resolving this matter by introducing online submission of the applications. As such, the registration process is expected to be quicker once the online submission of the application is introduced. |
Trademarks
Bangladesh
(Asia Pacific) Firm The Legal CircleContributors Anita Ghazi Rahman Jarif Rumman
Updated 22 Mar 2021The system for trademark protection in Bangladesh includes the following:
- Registration
Bangladesh belongs to the following international treaties:
- Paris Convention
The benefits of registering a trademark in Bangladesh include:
- It prevails over common law rights
- It is the only form of protection available for trademarks
- It entitles the proprietor to bring an infringement action
Service marks
Yes
Defensive marks
No
Collective marks
Yes, a description of the mark along with the requisite documents mentioned in the next sub-heading.
Certification marks
Yes, a description of the mark along with the requisite documents mentioned in the next sub-heading.
Well-known marks
No
Series marks
Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading.
Marks in a different language or characters other than Roman characters
Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading.
Non-traditional marks: Sound marks
Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading.
Non-traditional marks: Smell marks
Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading.
Non-traditional marks: Position marks
Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading.
Non-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)
Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading.
Non-traditional marks: Shape or three-dimensional marks
Yes, the description of the mark along with the requisite documents mentioned in the next sub-heading.
Documents and information required to file a trademark application in Bangladesh include:
- Name and address of the applicant
- Representation of the trademark
- Goods and services and the class(es) for which the trademark is to be registered
- Certificate of Incorporation (if the applicant is a company)
- Power 9of Attorney
- Other: (1) From which date, the trademark is being used or proposed to be used in Bangladesh; (2) Application number and filing date of the priority application (if priority claimed)
No, multi-class applications are not permitted in Bangladesh.
Yes, there are substantive examinations of trademarks in Bangladesh on the following grounds:
- Substantive grounds
Absolute grounds for refusal of a trademark in Bangladesh include:
- Mark consists of a non-invented word(s)
- Mark has direct reference to the character or quality of the goods or services
- Mark is not distinctive
- Mark consists of a geographical name
- Mark consists of a surname
- Other: Mark, which contains scandalous and obscene contents, armorial bearing, flag or other emblems, contrary to law, likely to hurt religious susceptibility and made in bad faith
Relative grounds for refusal of a trademark in Bangladesh include:
- There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark
- Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark
The time period from application to registration in Bangladesh is 18 months or longer.
Yes, late renewal of trademark registration is permissible in Bangladesh. It is possible to renew the trademark registration within one year from the expiration of the last registration of the trademark, on payment of a prescribed late fee. The registration of the trademark can be renewed for a period of ten years from the expiration of the last registration.
No, evidence of use does not need to be submitted to the trademark office in order to maintain an application for registration or registration of a trademark in Bangladesh.
Yes, trademark licensees are required to record themselves with the Registrar in Bangladesh.
Available enforcement methods in Bangladesh include:
- Civil enforcement
- Infringement action
- Passing off
- Criminal enforcement
Yes, the trademark registration process is very slow in Bangladesh due to the lack of employees in the office, who cannot meet up with the bulk of trademark applications filed each year. Similar to the patent office, the trademark office is dedicated to resolving this matter by introducing online submission of the applications. As such, the registration process is expected to be quicker once the online submission of the application is introduced.