Though not mandatory, it is recommended to conduct a comprehensive search for similar trademarks with the DPDT. Checking the availability of mark before trademark filing prevents the application from being objected while proceeding through the further stages of trademark registration.
Filing the Trademark
The application for trademark registration in Bangladesh must include the following documents:
Once the application for trademark registration is received, the Registrar would issue an official filing receipt. The receipt would contain all the relevant information on the trademark application (for instance, it includes the date of application, the application number, the mark, etc.). The Registrar at the DPDT can either accept/reject or order to modify the application to proceed further. The applications that are subjected to rejection will be issued with a show-cause notice. The applicants must draft reply to the show cause notice and may seek a hearing on the same within 3 months of rejection. Failing to do so will lead to the abandonment of the application.
After acceptance of the trademark registration application, the Registrar will issue a Journal Notification to the applicant on the advertisement for the mark. The applicant is then required to deposit a journal fee following which the DPDT would send the mark to BG Press (Bangladesh Press) for publication.
As the BG Press publishes the mark, any person within 2 months from the date of publication can issue a notice of opposition to the Registrar. This has to be done through the prescribed form. A copy of the same will be sent to the applicant. The applicant then needs to file a counter-statement with proper grounds. Failing to file the same within the prescribed period can result in abandonment of the application. Nevertheless, the applicant can seek an extension period to file the counter-statement by paying the corresponding government fee.
As the counter-statement is filed, a copy of the same will be thereof furnished to the opponent. Both the parties are then required to file evidence as Affidavit and the Registrar shall, after hearing both parties will decide on the issuance of the trademark application. The Registrar’s decision shall further be subject to appeal at the High Court.
Registration Of The Mark
In case of no opposition, the DPDT will inform the trademark registration applicant to pay the prescribed certification fee. The applicant will then be issued with the certificate of trademark registration with the corresponding seal of Trademarks Registry.