The registration of trademarks is a crucial step in protecting intellectual property rights. The Trademarks Act, 2009 provides a comprehensive framework for the registration of trademarks in order to safeguard the distinctiveness and exclusivity of marks used in commerce.
In Bangladesh, Trademark Registration is performed through the Department of Patents, Designs and Trademarks (DPDT) under Ministry of Industries.
This step-by-step guide outlines the procedure for registering trademarks under the Trademarks Act, 2009.
Before going into steps of registering a trademark, let us have a discussion on Trademark.
What is a Trademark?
A trademark is a distinctive sign or symbol used by individuals, businesses, or organizations to identify and distinguish their goods or services from those of others in the marketplace. It can take various forms, including words, logos, symbols, slogans, colors, sounds, or a combination of these elements. Trademarks serve as valuable assets that help consumers recognize and associate products or services with a particular source or origin.
In legal terms, a trademark provides its owner with exclusive rights to use the mark in connection with specific goods or services, preventing others from using a similar mark that may cause confusion among consumers. Trademarks play a crucial role in branding, marketing, and protecting the reputation and goodwill of businesses.
Under the Trademarks Act, 2009, a trademark is defined as any mark capable of being represented graphically and distinguishing the goods or services of one person from those of others. The Act sets out the procedures and requirements for registering trademarks, as well as the rights and obligations associated with trademark ownership.
Overall, trademarks are essential tools for businesses to establish their identity, build customer loyalty, and differentiate themselves in the competitive marketplace.
Here is the step by step guide on how register a trademark in Bangladesh.
Step 1: Determining Trademark Eligibility
Before initiating the registration process, it is essential to ensure that the proposed trademark is eligible for registration. According to the Trademarks Act, 2009, a trademark can be a word, phrase, symbol, design, or a combination thereof that distinguishes the goods or services of one party from those of others.
Step 2: Trademark Search
Conduct a thorough trademark search to ascertain the availability of the proposed mark. This involves examining existing registered trademarks and pending applications to avoid potential conflicts. The search can be conducted through the Trademarks Registry to identify any similar or identical marks.
Step 3: Filing the Trademark Application
Prepare and submit the trademark application to the Registrar of Trademarks in the prescribed manner. The application should include the applicant’s details, a clear representation of the mark, and a list of goods or services for which the trademark will be used. Additionally, the application must comply with the prescribed format and fee requirements.
Step 4: Examination of the Application
Upon receipt of the trademark application, the Registrar will conduct an examination to ensure compliance with the statutory requirements. This includes assessing the distinctiveness of the mark, its potential for causing confusion, and adherence to the Act’s provisions.
Step 5: Publication of the Trademark
If the Registrar finds the application to be in order, the proposed trademark will be published in the Trademarks Journal. This publication serves as a public notice, allowing interested parties to oppose the registration within the specified period.
Step 6: Opposition Proceedings
During the opposition period, third parties may file a notice of opposition if they believe the registration of the trademark will infringe upon their rights. The opposition proceedings provide an opportunity for the parties to present their case before the Registrar.
Step 7: Registration and Issuance of Certificate
In the absence of any successful opposition, or after resolving any opposition proceedings, the Registrar will proceed with the registration of the trademark. Upon registration, the Registrar will issue a registration certificate in the prescribed form, bearing the seal of the Trademarks Registry.
Step 8: Maintenance and Renewal
Following registration, the trademark owner must maintain the registration by renewing the trademark as per the prescribed timelines. The renewal process ensures the continued protection and validity of the registered trademark.
Conclusion:
The registration of trademarks under the Trademarks Act, 2009 involves a systematic process aimed at protecting the distinctiveness and exclusivity of marks used in commerce. By following this step-by-step guide, applicants can navigate the registration procedure effectively, thereby securing their intellectual property rights in the marketplace.