Managing intellectual property is one of the major challenges for startup. Due to lack of information, preposterous and convoluted process, corruption and absence of good helping hands getting trademark registration is often becomes a bad experience for many of us. We often receive calls and emails regarding this procedural issues. But lack of information inhibits our progress as well. However, after much research this is our modest attempt to be a part of the solution. Let's start with the procedure and cost for trademark registration in Bangladesh:
Who gives it: Department of Patents, designs and Trademarks (DPDT)
Govern by: Trade Marks Act, 2009 & Trade Marks Rules, 1963
Document and other requirements for the application:
Trademark Registration process at a glance:
1. Search for availability: Before going to apply for trademark registration find out whether the trademark is already in use or registered by someone else.
2. Application: Collect your respective registration form from DPDT and submit it after filling properly.
3. Acknowledgement of Application: The Registrar, upon the receipt of the application, issues Official Filing Receipt. The document contains all relevant filing details on the trademark e.g. Application Number, date of application, the trademark etc.
4. Examination of the Application: After receiving the application registrar examines the trademark for 2 issues: a) distinctiveness and b) general compliance with the requirements of the Law.
5. Letter of acceptance: If application satisfies all the requirements registrar issues a Letter of Acceptance for the mark to be advertised in the Trade Marks Journal for the purpose of receiving opposition. Otherwise, the Registry raised objection seeking written reply regarding objections.
6. Refusal of Application: Your application may be refused for several reasons. However, when it happens you must submit reply to the show cause notice and may seek a hearing in the matter within three (3) months otherwise; the application will be abandoned.
7. Acceptance of Application: If the Examiner is satisfied with the application and requirements, the Registrar accepts the mark for advertisement in the Trade Marks Journal.
8. Opposition: When a trademark is advertised for opposition in the Trade Mark Journal, any person may give notice of Opposition to the Registrar on Form TM-5 within two months from the date of the publication.
9. Registration: If no opposition is received at the expiration of the opposition period or the opposition is determined and resolved in favor of the Applicant, the Registrar is obliged to issue a Certificate of Registration for the trademark on payment of the prescribed fee.
10. Registration date: The registration date of the trademark will be the date of filing.
11. Validity duration of Registration: A registered trademark is valid for an initial period of seven (7) years from the date of filing and renewable thereafter for successive periods of Ten (10) years.
12. Time requirements: The total process, if everything goes fine, should not more than a week or two. But it often takes longer time than as usual. In DPDT you have to fill up everything manually. So, if things take longer- wait and if you have any emergency- rise early.
13. Cost: Depending on all issues actual cost should not be more than BDT 2 to 4000.00; however, you have to calculate some speed money in your budget as well. Don’t blame us; you got the responsibility to fix these irregularities as well. Next time when someone ask for extra money call on your gut and go as far it takes to stop it!