Services

Advocates IP Law Alliance

provides a wide range of Intellectual Property Services for protection of Intellectual Property rights in Bangladesh. For example, Trademarks includes passing off, trademark arbitration, trademark infringement, trademark litigation, trademark prosecution, trademark registration etc. It provides all legal services for other Intellectual Property rights including designs, design rights, industrial models and designs, industrial property, industrial property protection, industrial property rights, Intellectual Property infringement, Intellectual Property licensing, Intellectual Property litigation, Intellectual Property protection, Intellectual Property rights to protect Patents, Copy Rights and Domains.

Trademark Registration Procedure:
THE TRADE MARKS ACT, 2009.
Applicant: Any person claiming to be the proprietor of a Trade Mark already in use or proposed to be used in Bangladesh may apply for registration of a Trade Mark.
Marks: Any name, individual or firm represented in a distinctive manner, signature or photograph, one or more invented words, one or more words having no direct reference to the character or quality of the goods, a mark distinctive of the goods to which it is to be applied, marks consisting of letters, numerals or combinations thereof may be registered.
Classification: Classification of goods is identical with the International Classification 01 to 45 according to the NICE Agreement concerning the International Classification of goods and Services.
Examination Process: New Trade Mark Applications are examined according to serial numbers and the Authority will issue notice informing the reasons of objection or the notice of acceptance. It is necessary to respond within 90 days time. In case of acceptance Journal Fees to be deposited.
Advertisement or publication: Every application accepted by the Registrar will be published according to serial in the Trade Marks Journal together with any limitations, disclaimers, etc.
Opposition: Opposition may be lodged within 60 days time from the date of advertisement of the application in the Trade Marks Journal stating the grounds therefore. The applicant may file a counterstatement and offer evidence by way of affidavits; the Registrar will render a final decision after hearing the parties. Appeal to the High Court Division available to applicant or respondent upon adverse decision.
Registration: If there is no opposition or acceptance by the Tribunal through the opposition process the applicant can submit the Registration Fees and the formal Registration Certificate would be issued serially.
Limitation and renewal: Trade Marks are registered for a term of seven years from the date of application and may be renewed for 10-year periods thereafter. Renewal fees must be paid before the expiry date but not more than six months prior thereto. In case registration of a mark is still pending seven years after filing the application, registration and renewal fees must be paid simultaneously. Late renewals available, normally up to four months after expiry date, with payment of late fees. Extensions at the direction of registrar are liberally granted with payment of additional fees. Documents for renewal: authorization of agent (TM-48), on prescribed form, simply signed and sealed.
Filing Requirement: To file a Trade Mark Application we need the followings:
(a) Name of the applicant(s),
(b) Address(s) and nationality of the applicant(s),
(c) Specification of Goods,
(d) Mark,

(e) Status of the Applicant, (service provider, trader, manufacturer etc.)

(f) Power (TM-48), one authorization is sufficient for all applications.

Assignment and recordation: Assignments must be recorded with the authority. Registered marks may be assigned with or without the goodwill of the business; in the latter case the Registrar’s directions should be sought within six months of execution of the assignment. Unregistered marks should ordinarily be assigned with the goodwill of the business. Assignment without the goodwill is permitted if (a) at the time of assignment or transmission the mark is used in the same business as a registered Trade Mark; (b) the registered Trade Mark is assigned or transmitted at the same time and to the same person as the unregistered mark; and (c) the unregistered mark relates to goods for which the registered mark is assigned or transmitted. The Registrar’s advice should be sought prior to execution of an assignment that creates multiple exclusive rights, or that creates multiple exclusive rights in different parts of the country, since such an assignment may be invalid. Associated Trade Marks are assignable only as a whole; assignment of certification marks requires government approval. Documents required for assignment: Legalized Deed of Assignment and power of attorney from the assignee.
Licensing and Registered Use: Licenses must be recorded with the authority to be effective. Application for recordal must be made within one year of date of document for effective date, whichever is earlier. Documents for license: Legalized license deed; power of attorney from registered proprietor; power of attorney from proposed licensee; affidavit from registered proprietor.

Please click on the appropriate link to the top or left to see detailed information how we can meet your Intellectual Property matters in Bangladesh. We may be contacted at e-mail – info@biplobd.com.