Or trademark opposition in Bangladesh. For purpose of registration of trademarks, goods and services have been divided into 42 classes as set out in the Fourth Schedule and for textile trademark classes have been divided into 94 classes as set out in the Fifth Schedule of the Trade Mark Rules, 2004. Rule 124 states that any person can enlist a mark as a well-known mark along with the statement of the case, evidence, and documents and a fee of INR 1 lakh.

The Registrar shall then forward a copy of the counter statement to the opponent. Serial number and specification of the class of goods or services, for which trade mark to be registered as indicated in Schedule IV or V to the Trade Marks Rules, 2004, should be stated on the registration application.

A trademark shall not be registered if its use is liable to be prevented by virtue of law. In order the achieve its ambition of simplifying the process of Trademark Registration in India, the following changes have been  made: The number of forms that were used in Trademark Registration Process has been drastically reduced, simplified and unified to a total of eight forms from  75 forms that were earlier used. Within 2 months of the receipt of the copy of the counter statement, the opponent may file a rejoinder and evidence. Application may be made either by the owners of the marks, by a legal practitioner or registered trademark agent who has been authorized by the applicant to act on his behalf. Additionally, It now becomes mandatory for an applicant to file an affidavit along with supporting evidence to claim the use of the mark which Earlier was at the discretion of the Examiner. In the case of a partnership, the application shall be in the names of all partners and it shall be signed by one of the partners. Anyone claiming to be the proprietor of a trademark may apply to the Registrar for the registration of the mark. (2) Convention Application Keeping in view the proposal received and objections raised, the Central Government has developed Trademark Rules 2017, thereby replacing the Trademark Rules 2002.It came into effect on 6th March 2017 and still continue in the 2018. 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. info@supremeip.com; Send. Trademark, which are devoid of any distinctive character. Scan QR Code & Chat Live on WeChat. New Trademark Fees Rules. the New Rules administers for electronic service of documents including all applications, notices, statements, papers having representations or any other document.Therefore, email may be used as a channel to send the official communication by the Trademark Registry and it will be treated as a full service. Trademark REGISTRATION in India. Rule 34 of the new rules provide for quick processing of trademark registration at each stage including examination, hearing, and registration as against the earlier rules. The application for 3-D marks is filed in Form TM and it shall specifically be stated that the mark is  3-D mark.Two-dimensional graphics reproduction of the trademark will have to be furnished in three different views. Authorization should be made in Form TM-48 which has to be stamped by Rs.

What can be registered as a trademark in Bangladesh?

An application for Trademark Registration in Bangladesh can be filed in the prescribed manner for a single class only to the Registrar of Trademarks, Bangladesh and obtaining the application number. A priority application/convention application for registration should be filed in Bangladesh within 6 months after the date on which the application was made in the convention country. The applicant will then file counter evidence within 2 months of the receipt of such copy. A Certificate of Renewal is issued by the Registrar as evidence of payment of the renewal fee due at that period. Documents required for filing a trade mark application. 5. 6. 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. It is similar with an earlier registered trademark and its goods and services are also similar. ® (for a registered trademark). SUPREMEiP Law Firm House # 23 (Ground Floor), Road # 4, … Apply Online (TEAS) Check Application Status (TSDR) Trademark Fees Trademark Trial and Appeal Board.

When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, as in the United States. In case an application is made in the name of body corporate, it shall be singed by the director or other principle officer and the capacity in which he has signed should be stated below the signature. Specification of Goods/Services and Class Contact.

The Registrar will then forward a copy of the evidence to the applicant. In case the Registrar acknowledges that the trademark is not  3-D mark then he will instruct the applicant to furnish up to five different views of the trademark and description of words and if needed additional description, a specimen of the Trademark need to be submitted. Trade mark protection is obtained through its bona fide use but registration provides certain rights and is highly recommended. Rs.2000/-. Skip to content. is done through using the same form. Click Here to Chat Live on WhatsApp. The registrar may refuse to register the trademark on the following grounds: Geographical names of countries like Pakistan, Great Britain and Egypt can never be registered as trademarks as their registration would embarrass other traders Geographical names of places which are associated with the manufacturer of particular goods cannot also be registered as trade marks in respect of those goods. how much you charge to register trade mark. An application for registration of a defensive trademark is to be made which should be accompanied by a statement of case giving full particulars of the facts on which the applicant relies in support of this application and verified by an affidavit.

Details regarding the Bangladesh Trademarks Act, 2009 and Trademarks Act, 1940 can be accessed at the following link. The fee for expediting the application will be 5 times the fee for filing the trademark.Application for renewal of registration of a trademark can now be filed in Form TM-R, 1 year before the expiration of the registration of the trademark. There is a provision for priority application in Bangladesh. On receiving confirmation from the registrar that there are no other trademarks that duplicate yours, you may proceed with your application. Best Legal Service Provider Company rating of 4.8/5 based on 1000+ social reviews.

The first statutory law relating to trademarks in Bangladesh was the Trademarks Act, 1940 which introduced a piece of machinery for the registration and statutory protection of Trademarks in Bangladesh.

The applicant of a sound mark will now have to submit an MP3 of the sound mark that has to be not more than 30 seconds in length along with a graphical representation of the sound notations. Also geographical names which have lost their geographical significance and denote certain kinds of goods are not registrable in respect of those goods. Any person claiming to be the proprietor of a trademark used or proposed to be used by him may make an application for its registration. • Shape of goods Trademark law does not require mandatory registration of trade mark for its protection.

According to the Trademark Law in Pakistan, a trademark shall not be registered unless it is distinctive, and a mark will be registered only when it contains one or more of the following essential particulars namely: Every application for the registration of trademark shall be in respect of goods or services in one class only of the Fourth Schedule and for textile trademark Fifth Schedule of the Trade Mark Rules, 2004. However, the Act also lays down provisions regarding the filing of priority applications, wherein the priority of the mark can be claimed in the said mark filed in a convention country. We provide specialized services in Intellectual Property, IPR Enforcement, Taxation & Business Startup services in Bangladesh. This comprises trademark registration of shapes and packaging. Rules for Trademark Registration in 2018 Reduction in the number of forms from 75 to 8 . Multi-class applications cannot be filed for trademark registration in Bangladesh. A registered Trademark is a personal property of the applicant. The advertisement of the application in the TradeMark Journal may trigger of a series of opposition proceedings by any person who opposes the registration of the trademark. It is identical with an earlier registered trademark and its goods and services are also similar. You can use a trade mark attorney to help you with searches and registrations. Reduction in the number of forms from 75 to 8, Sound marks are made effortless to register, Rule 34 of the new rules provide for quick processing of.

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. 7. Both National and foreigners have equal right in this regard but a foreign applicant must be represented by a local agent. Department of Patents, Designs and Trademarks, Trade Marks Act, 2009 Recommend Read : How to Search about the Trademark in India. ID: +8801613336333. Verified/ notarized English translation of the priority document if priority document is in any language other than English. Such application has to be filed on form TM-A.

There is also a range of non-conventional trademarks comprising marks which do not fall into these standard categories, such as those based on color, smell, or sound. Before making an application it is recommended that you request the registrar to cause a search of your proposed trade mark to ascertain that there is no other registered trade mark or among pending applications for registration that are duplicating or conflicting in any way from your proposed trade mark. In case the Registrar acknowledges that the trademark is not  3-D mark then he will instruct the applicant to furnish up to five different views of the trademark and description of words and if needed additional description, a specimen of the Trademark need to be submitted. Therefore, email may be used as a channel to send the official communication by the Trademark Registry and it will be treated as a full service.

One or more words having no direct reference to the character or quality of the goods and not being in its ordinary signification a geographical name or surname or the name of a caste sector tribe in Pakistan.

The lower fee for startups and small enterprises is implemented in order to provide an incentive to them to file the trademark application.

Bangladesh. The application shall be written, printed or type written in English upon strong paper size 13”X8” with a margin of not less than 1-1/2”.

While the fee for this category is INR 5000 for physical filing, for other category is INR 10000. A few such words are Portland in respect of cement, Virginia in respect of tobacco, Kashmir in respect of shawls and Scotch in respect of whisky. Where an application for registration of trade mark has been accepted the registrar shall cause the application accepted to be advertised in trade mark journal and for all legal purposes constitute a sufficient done notice. All Rights Reserved | Proudly Hosted bySUPREMEiP Law Firm, Trademarks in Bangladesh may be designated by the following symbols.