Who Can Apply?
Anyone claiming to be the proprietor of a trademark may apply to the Registrar for the registration of the mark. Both National and foreigners have equal rights in this regard but a foreign applicant must be represented by a local agent.
Trademark application in Bangladesh can be filed in two categories:
(1) Ordinary Applications
(2) Convention Application (claiming priority from a convention country)
Ordinary trademark applications in Bangladesh
Ordinary trademark applications filed in Bangladesh are applications without claiming any priority. Ordinarily a trademark application is filed on form TM-1. Multi class trademark applications cannot be filed in Bangladesh. However, the Trademarks Act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark application/convention trademark application in Bangladesh
A priority trademark application/convention trademark application should be filed in Bangladesh within 6 months after the date on which the application was made in the convention country. A certified copy of the priority documents needs to be filed within 3 months from the date of filing of the convention application in Bangladesh.
What can be registered as a trademark in Bangladesh?
Following marks can be registered as a Trademark in Bangladesh under the Bangladesh Trademarks Law:-
• Names
• Invented / Coined Words
• Numerals
• Letters
• Devices
• Combination of colors
• Shape of goods
• Slogans
• Signature
• Image
As per the Bangladesh Trademarks Act, 3-D marks or Three Dimensional marks cannot be registered in Bangladesh, Similarly, Sound and Smell marks cannot be registered as a trademark.
Filing Requirements of a Trademark in Bangladesh
An application for the registration of a trademark shall include the following;
1. Name and full address of the Applicant, if the applicant is a company the name and position (like Director, Chairman) of the signatory also be required
2. Status of the applicant whether the applicant Merchandisers/ Manufacturers/Service Providers or both.
3. Mark/Logo/Device prints or representation and it’s description whether it is word mark or device mark or combined mark.
4. Specification of Goods/Services and Class
5. Use the date of the mark in Bangladesh (whether the mark is in use or proposed to be used in Bangladesh).
6. POA (Original or Notarization or Legalization does not require, only SCANNED copy is sufficient)
7. Prescribe fee
8) Priority: There is a provision for priority application in Bangladesh. In this respect, the applicant for registration of a trademark who desires to avail himself of the priority of an earlier application filed in a convention country shall, within 6 months of the date of such earlier application, append to his application a written declaration indicating the date and number of the earlier application. Furnish a copy of the earlier application certified as correct by the appropriate authority of the country where such application was filed earlier. Verified/ notarized English translation of the priority document if the priority document is in any language other than English.