Buying a House is a significant milestone in a person’s life, marking a transition towards stability and security In Bangladesh, the process of Buying a House involves several steps, from market research to completing legal procedures. This guide provides a comprehensive overview of the Buying a House journey in Bangladesh ensuring a smooth and informed experience for potential buyers.
1. introduction
Embarking on the journey of Buying a House in Bangladesh requires careful planning and consideration. With a rapidly evolving real estate market and a variety of options available, approaching the process with diligence and insight is imperative.
2. Market Research
Before diving into the process of house hunting, it is crucial to research the current real estate market trends in Bangladesh. Factors like location, property size, amenities and infrastructural development can significantly affect the property price. By understanding the dynamics of the market, buyers can make informed decisions and negotiate effectively.
3. Financial plan of Buying a House
Setting a realistic budget is key to the Buying a House process. Buyers should evaluate their financial situation, including savings, income and expenses, to determine a comfortable spending limit. Exploring financing options such as bank loans or mortgage schemes can provide extra flexibility in financing the purchase.
4. Find the right property
Identifying the perfect property takes into account a number of factors, including location, size, layout and amenities. Online real estate platforms and local agents can help narrow down options that align with a buyer’s preferences and requirements. Visiting multiple properties and conducting thorough inspections are essential to making an informed decision.
5. Inspection and verification of property
Before finalizing a purchase, buyers should conduct a comprehensive inspection to assess the property’s condition and identify any potential problems. Furthermore, verifying the authenticity of legal documents, such as title deeds and ownership certificates, is crucial to avoid future disputes or complications.
6. Discuss and make a suggestion
Negotiating the purchase price is a critical step in the Buying a House process. Buyers should be prepared to make competitive offers based on the market value and condition of the property. Employing effective negotiation techniques and leveraging any unique selling points can increase your chances of securing a favorable deal.
7. Legal Proceedings
Once both parties agree to the terms, the legal process must be followed to formalize the transaction. It drafts and signs a sales contract that outlines the terms of the purchase. In addition, the transfer of property ownership must be registered with the relevant authorities to ensure legal compliance.
8. Securing Funding of Buying a House
For buyers dependent on financing, filling out loan applications and meeting lender requirements is essential to securing financing. This may involve providing documentation such as income statements, credit histories and property appraisals. Timely communication with lenders and fulfilling their conditions can expedite the approval process.
9. Registration of property
Registering the property with the appropriate government authority is a mandatory step in the home buying process. Buyers are required to pay registration fees and taxes as per prevailing regulations. This ensures legal recognition of property ownership and protects against potential disputes in the future.
10. Termination and Transfer
With all legal formalities completed and financing secured, the final step is to complete the purchase transaction. This involves transferring agreed funds to the seller and receiving the keys to the property. Buyers should ensure that all necessary documentation including receipts and contracts are duly signed and exchanged.
11. POST-PURCHASE RESPONSIBILITIES
After acquiring the property, buyers have to fulfill various post-purchase obligations. This includes registering utilities such as water, electricity, and gas connections as well as arranging property maintenance and security. Adhering to these obligations ensures a smooth transition to the new home.
12. Common Challenges and Solutions
Throughout the home buying process, buyers may encounter challenges such as legal complications or unexpected delays. It is essential to be vigilant and seek professional help if necessary. By proactively solving problems and finding effective solutions, buyers can reduce risk and ensure a successful transaction.
13. Future market trends
As the real estate market in Bangladesh continues to evolve, it is imperative to stay abreast of future trends and developments. These include infrastructure projects, urbanization patterns and regulatory changes that can affect property values. By predicting market changes, buyers can identify potential investment opportunities and maximize returns.
14. Conclusion
Buying a home in Bangladesh is an important decision that requires careful planning and execution. By following the step-by-step guide outlined above, potential buyers can navigate the home buying process with confidence and clarity. Remember to conduct thorough research, seek professional guidance when needed, and stay proactive throughout the journey.
The Constitution makers of Bangladesh have considered the importance of “Tribunal” with due care and there are as many as sixteen references to ‘Tribunal’ in the Constitution. Bangladesh inherited its legal system from English Common Law, where the issue was related to Administrative tribunals matters. are dealt with by ordinary courts of law.
All over the world tribunals are working alongside common law courts as it provides certain advantages to litigants and justice administrators. Twentieth-century social law demanded tribunals for purely administrative reasons—they could provide faster, cheaper, and more accessible justice, essential to the administration of welfare schemes involving large numbers of small claims, whereas the court of law process was extensive, slow, and expensive.
Definition of Administrative Tribunal
It is not possible to define the term ‘Tribunal’ specifically and technically. The word ‘tribunal’ in the dictionary in common parlance means ‘court of justice’ or ‘seat of judge’.
A tribunal in the general sense is any person or institution which has the power to judge, adjudicate, or determine claims or disputes – it is called a tribunal in its title. For example, a lawyer appearing before a court in which a single judge sat may describe that judge as ‘their tribunal’. Many government bodies entitled ‘tribunals’ are so described as to emphasize the fact that they are not courts of ordinary jurisdiction. The word ‘tribunal’ is not final of the function of a body.
The expression ‘tribunal’ as used in Article 102(5) of the Constitution of the People’s Republic of Bangladesh does not mean the same thing as “court” but includes within the ambit of all adjudicating bodies, if they are constituted by the State and invested with judicial as distinct from administrative or executive functions. Either.
A Tribunal is a judicial assembly, a judicial authority within the purview of Section 74(1) (ii) of the Evidence Act, 1872.
Administrative Administrative Tribunal:
Broadly, the term ‘administrative’ refers to the wide range of government activities in which the power reserve can perform each category of statutory function. Administrative Tribunals are the tribunals which deal with administrative matters Administrative Tribunal is a body established to have jurisdiction over issues relating to or arising out of the Republic or any statutory government entity.
The concept and practice of administrative adjudication of disputes between the executive organs and bureaucracy of the state on the one hand, and citizens and non-governmental organizations on the other, are associated with the creation of administrative tribunals.
Administrative Tribunal is the third type of judicial body mentioned in Part 6 (Article 117) of the Constitution of Bangladesh, 1972.
Administrative Tribunals and Constitution of Bangladesh:
When the Bangladesh Constitution, 1972 was adopted, the constitution makers included the provision in Article 117.
Article 117(1) of the Constitution of Bangladesh, 1972 empowers Parliament to establish one or more administrative tribunals against whose decisions no writ shall lie in terms of the provisions of Article 102(5).
Such tribunals may be established to deal with matters relating to—
a) Conditions of persons engaged in the service of the Republic and matters and punishment or punishment provided in Part IX
b) Acquisition, administration, management and disposal of any property vested in or administered by the Government. by any law, including the administration and management and services of any nationalized undertaking or statutory public authority
(c) any law to which section 102 (3) applies.
Article 102 (3) of the Constitution of Bangladesh, 1972 provides that notwithstanding anything contained in Article 102 (1) and Article 102 (2), the High Court Division shall have no power to make any interim or other order under this Article. Article 47 applies to any law.
Article 47(1) provides that no law made in respect of any of the following matters shall be deemed to be invalid by reason of its being inconsistent with, or taking away or abridging, any of the rights guaranteed by this Part—
a) Compulsory acquisition, nationalization or acquisition of any property, or control or management thereof, temporarily or permanently
b) Compulsory amalgamation of carrying companies into commercial or other undertakings
(c) repeal, change, limit or control the rights of directors, managers, agents and officers of any such corporation, or the voting rights of persons owning shares or shares;
d) Extinction, alteration, restriction or control of the right to explore for or win minerals or mineral oil
e) Exclusion, in whole or in part, of any government or corporation owned, controlled or operated by the government, or other persons or the conduct of trade, business, industry or services;
f) Abolition, alteration, limitation or regulation of property rights, any right in relation to any profession, occupation, trade or business or the rights of employers or employees of any statutory public authority or in any commercial or industrial undertaking in Parliament such Act expressly declares that in Part II of this Constitution Such provision is made to give effect to any fundamental principle of State policy laid down.
The ‘Court’ as defined in Article 152 includes the Supreme Court and hence the HCD cannot entertain any writ petition in any matter falling within the jurisdiction of the Administrative Tribunal. Thus, it is clear that the Supreme Court will not entertain or entertain any proceedings falling within the jurisdiction of the Administrative Tribunal.
When the jurisdiction of the HCD is devolved by the Constitution it cannot exercise it except on grounds of infringement of fundamental rights.
No proceedings, order or decision of any tribunal shall be liable to be challenged, reviewed, annulled or questioned in any court. Decisions of Appellate Tribunals like Tribunals are exempt from any review under Article 102 as Article 117 applies to Appellate Tribunals also.
The combined effect of Art.102 (5) and Art.117 (2) is that no writ petition is maintainable against a decision of an administrative tribunal. The Constitution is silent on the issue of Administrative Appellate Tribunal. Again, when what is challenged is not the Service Rules, but the administrative interpretation of a Service Rule, the writ petition is not maintainable.
Who can go to Administrative Tribunal?
Employees in the service of Government or other statutory public authorities can seek redressal exclusively in Administrative Tribunals for problems relating to their terms and conditions. Any public officer or employee of a statutory public authority aggrieved by any order or decision affecting his conditions of service, including pension benefits, or by any action taken against him, may file a complaint in an administrative tribunal.
However, a private officer or officer of any statutory public authority may apply to an administrative tribunal for an order, decision or action under any law relating to the terms and conditions until such higher authority issues such order, decision or action.
Jurisdiction of the Administrative Tribunal
An Administrative Tribunal shall have exclusive jurisdiction to hear and decide applications made by any statutory public authority relating to any person in the service of the Republic or his conditions of service, including pension rights, or any action taken in respect of him. as a person in the service of the Republic or any statutory public authority.
Period of limitation for filing a suit
An application has to be filed in the Administrative Tribunal within 06 months from the date of decision by the departmental superior authority. If the application is not filed within the stipulated time, it will be barred by limitation.
Powers and procedure of administrative tribunals
A tribunal has all the powers of a civil court to hear an application or appeal in respect of the following matters viz:
(a) Summons, enforces the attendance of any person and examines him on oath
(b) Require discovery and production of any documents
(c) Evidence required by affidavit
(d) seeking a copy of any public record or office thereof
(e) To issue commissions for examination of witnesses or documents etc.
Limitation period for filing a suit
An application has to be filed in the Administrative Tribunal within 06 months from the date of decision by the departmental higher authority. If the application is not filed within the prescribed time, it will be barred by limitation.
Powers and Procedures of Administrative Tribunals
A tribunal has all the powers of a civil court to try an application or appeal in respect of the following matters viz:
(a) To summon, enforce the attendance of any person and examine him on oath
(b) requiring discovery and production of any documents;
(c) Requirement of proof on affidavit
(d) seeking a copy thereof from any public record or office
(e) issuing commissions for examination of witnesses or documents etc.
appeal
The Administrative Appellate Tribunal has jurisdiction to hear and determine appeals from any order or decision of the Administrative Tribunal.
Limitation period for appeal:
Any person aggrieved by the order or decision of the Administrative Tribunal may, within three months from the date of the order or decision, appeal to the Administrative Appellate Tribunal.
If the appellant satisfies the Administrative Appellate Tribunal that he has sufficient reasons for not preferring the appeal within three months, an appeal may be entertained after the three month period but not later than six months. The Administrative Appellate Tribunal may confirm, set aside, vary or vary any order or decision of the Administrative Tribunal and the decision of the Administrative Appellate Tribunal on appeal.
Estimated outcome of an appeal:
Where no decision on an appeal or application for review of any order, decision or action referred to in the preceding provision has been taken by the higher administrative authority within two months from the date on which the appeal or application was preferred. or shall, for the purpose of making an application to an Administrative Tribunal under this section, after the expiry of such period, it shall be deemed that such higher authority has dismissed the application in appeal.
Jurisdiction of Members of Administrative Appellate Tribunal:
The Administrative Appellate Tribunal consists of a Chairman and two other members to be appointed by the Government.
The jurisdiction of the members of the Administrative Appellate Tribunal is as follows:
• In case of any difference of opinion between the members of the Administrative Appellate Tribunal, the opinion of the majority shall prevail.
• If any member of the Administrative Appeals Tribunal is absent or unable to attend any hearing, the Chairman and other members present may deal with the appeal.
• The Member or Chairman of the Administrative Appellate Tribunal may take such administrative measures as it deems necessary for the performance of the functions of the Tribunal.
• The Administrative Appellate Tribunal may transfer any case from one Administrative Tribunal to another Administrative Tribunal at any stage of the proceedings on its own motion or on the application of a party or by a reference by a written order from the Administrative Tribunal.
BINDING EFFECT OF DECISION/JUDGMENT OF TRIBUNAL
All decisions and orders of the Administrative Tribunal and the Administrative Appellate Tribunal are binding on the Administrative Tribunal and the parties concerned.
Conclusion
Although tribunals play an important role in the administration of justice, there are some weaknesses in the tribunals that need to be addressed in the interest of justice. The number of tribunals and their importance have grown so significantly that it is no longer reasonable to treat tribunals as mere data. In ordinary courts of law.
They are an integral part of the normal legal process The reasons for this growth of a system of tribunals reflect both the perceived disadvantages of common law courts, in terms of formality, lack of speed, lack of expertise in some specialist areas of law. , costs etc. and the context of the social or welfare state with the emergence of welfare legislation. They also reflect the perceived advantages of tribunals in that organizations follow informal procedures, can hear cases relatively quickly, are inexpensive and have expertise in specialized matters.
In many countries, including Bangladesh, obtaining a warisan or succession certificate is essential for legal purposes related to inheritance and distribution of property. These certificates serve as proof of proper succession and transfer ownership of property, assets or financial accounts from the deceased to their legal heirs. Here is a step by step guide on how to get Warisan or Inheritance Certificate:
1. Determine the qualifications
Before applying for Warisan or Inheritance Certificate, it is important to determine whether you are eligible to inherit the property or assets of the deceased under the applicable laws of the country. Generally, legal heirs include spouses, children, parents and other close relatives.
2. Collect the necessary documents
Collect all necessary documents to support your application for Warisan or Inheritance Certificate. This may include:
Death certificate of deceased person
Identity card of deceased and legal heirs (eg national identity card, passport)
Evidence of relationship to the deceased (eg, marriage certificate, birth certificate)
Description of property or assets inherited Any other relevant documents specified by the authority
3. Prepare the application form
Get the prescribed application form for warisan or inheritance certificate from the concerned government authority or court. Fill the form accurately and completely providing all necessary information and supporting documents.
4. Submit the application
Submit the completed application along with supporting documents to the government office or court responsible for issuing or Inheritance Certificates. Pay any applicable fees or charges as required.
5. Verification and Processing
Once the application is submitted, the authorities will verify the information provided and conduct any inquiry or investigation necessary to confirm the validity of the inheritance claim. This may involve verifying the identity of legal heirs and checking evidence of relationship with the deceased.
6. Issuance of Certificates
If the authorities are satisfied with the validity of the application and the supporting documents, they will issue or inheritance certificates to the eligible legal heirs. The certificate usually contains details such as the name of the legal heirs, the deceased’s property or property inherited and any other relevant information.
7. Use of Certificates
A warisan or inheritance certificate can be used as legal proof of inheritance to transfer ownership of property or assets of a deceased person. It may be required for various purposes including property registration, accessing bank accounts, claiming insurance benefits and settling estate disputes.
Conclusion
Obtaining a warisan or succession certificate is an important step in the process of inheriting property or assets from a deceased person. By following the steps outlined above and providing the necessary documents and information, the legal heirs can easily obtain the certificate and ensure that their rightful inheritance is duly recognized and transferred.
FAQs
Is a Warisan or Succession Deed the same as a Will?
No, a Warisan or Deed of Succession is different from a Will. While a will is a legal document prepared by the deceased to specify how their assets should be distributed after their death, a warisan or succession certificate is issued by authorities to ensure proper succession and facilitate the transfer of inheritance.
How long does it take to get Warisan or Succession Certificate?
The processing time for obtaining the or Inheritance Certificate may vary depending on the country and the expertise of the relevant government authorities. In some cases, the process may take weeks to months to complete.
Warisan or inheritance certificate can be contested in court?
Can a lawyer help you get or Inheritance Certificate?
Yes, it is advisable to seek legal advice and assistance from a qualified lawyer experienced in inheritance and property matters to ensure a smooth and efficient process of obtaining Warisan or Inheritance Certificate.
Is a warisan or inheritance certificate valid for all types of assets and properties?
Yes, a warisan or succession certificate is generally valid for all types of property and assets owned by the deceased, including real estate, bank accounts, investments and other financial assets.
The purpose of this article is to provide a complete guide on Power of Attorney laws in Bangladesh, in particular, and explain the important points to keep in mind while creating a Attorney.
Definition:
A attorney is a legal document that allows a person to legally authorize another person to act on their behalf. The POA gives a person (ie, called a power receiver) the legal authority to make legal decisions on behalf of the power grantor.
Use and Type: Basically, this document is designed for people residing outside Bangladesh who want to deal with legally secured assets through agents or attorneys. A foreign attorney in Bangladesh works in most ways like a regular power of attorney but must follow a different set of procedures and protocols.
Power of attorney can be divided into two types, namely, general attorney and special power of attorney.
A simple power of attorney gives broad authorization to the agent as well as gives an agent virtually unfettered decision-making power, everything from paying taxes to entering into contracts, managing operations to making legal choices to settling claims to buying a new property.
Creating a Special Power of Attorney A special power of attorney is created to allow the grantor to make a decision on a specific matter such as collecting rent for a specific property or giving power to a business partner to use a specific property. It is an irrevocable attorney when the grantor waives the right to revoke it. A power of attorney refers to a power of attorney relating to the sale, purchase, mortgage or transfer of immovable property.
A foreigner can choose any type of attorney based on the circumstances Procedure for Preparing Attorney:
Some important conditions need to be followed while making Power of Attorney:
· The type of power of attorney must be mentioned in the title of the document.
· The date of execution must be mentioned in the power of deed.
The deed must state the identity of the parties, particularly their names, professions, religion, nationality, NID/passport numbers and their current and permanent addresses.
Objectives should be written clearly and specifically.
Powers, responsibilities and duties should be detailed
· The POA document type must specify special, general or irrevocable powers
If the power is conditional, the conditions should be defined. Schedule: The deed must refer to the schedule of the said property.
Names and signatures of two witnesses
Name, seal and date of an authorized officer
The validity or termination date of the POA must be specified
Photocopy of valid Bangladeshi Passport or Bangladeshi National Identity Card.
Two copies of passport size photographs.
Must be authenticated by signature or thumb impression.
Non-judicial stamp paper should be used.
Limitation of Power of Attorney:
The Power of Attorney Act specifies certain limitations on attorney. Such limitations include execution of wills, execution of adoption certificates, execution of trust instruments, gift, donation and bequest deeds and execution of powers relating to adoption.
Execution of Foreign Power of Attorney:
The Power of Attorney Act 2012 has made it possible for persons residing outside Bangladesh to execute Power of Attorney. A attorney must be registered under section 52A of the Registration Act 1908 to be legally enforceable.
The attorney must be executed and signed in the presence of the appropriate officer, which in the case of persons residing outside Bangladesh is the concerned officer of the Bangladesh Embassy located in that country. The document must be notarized and attested by the Bangladesh Embassy. The documents must be verified by the Ministry of External Affairs for cross-verification.
Execute POA by persons residing outside Bangladesh. For persons residing outside Bangladesh, this must be executed and signed in the presence of the Bangladesh Consulate or Mission in that country.
If power of attorney is required to be registered, it should be submitted to the concerned sub-registry office within four months of receiving it.
Apart from registration at the local sub-registrar’s office further attestation by the District Commissioner of the area concerned is required if the PoA relates to sale or purchase of land. After MoFA certification, the PoA is considered mature if it does not relate to land.
Revocation of Power of Attorney: A may be revoked by giving 30 days notice in writing to the power receiver. The POA can be revoked by the principal himself or it can be revoked by mutual agreement of the power grantor and the power receiver.
Conclusion:
As per Section 7 of the Power of Attorney Act 2012, any act performed by an agent is deemed to be performed by the principal. Any person or entity shall be liable if any act is done by means of a attorney. In real life practice sometimes authorities and some organizations (eg banks) accept PoA on company letterhead (for foreign companies) instead of non-judicial stamp paper. Creating a foreign power of attorney is a difficult process. For that reason, it is essential to check all documents with expert opinion, advice or assistance.
Check dishonor, also known as bounced cheque, is a common problem faced by businesses and individuals in Bangladesh. When a check is presented for payment but is not honored by the bank due to insufficient funds or other reasons, it can lead to financial loss and legal complications. In this article, we will explore the concept of check dishonor and the legal remedies available to victims in Bangladesh.
Understanding check dishonor
Check dishonor occurs when a check presented for payment is returned unpaid by the bank. This can happen for a variety of reasons, including insufficient funds in the issuer’s account, mismatched signatures, or the check being post-dated or stale. Whatever the reason, check dishonor can have serious consequences for both the payer and the issuer.
Legal framework in Bangladesh
In Bangladesh, checks are dishonored by the Negotiable Instruments Act, 1881. According to this Act, subsequent issuance of dishonored checks is a criminal offense punishable by imprisonment and/or fine. The payee of a dishonored check has the right to take legal action against the issuer to recover the amount owed.
Legal Remedies for Dishonor of Checks
1. Legal Notice
The first step in seeking remedy for check dishonor is to send a legal notice to the issuer demanding payment of the dishonored amount. The notice should specify the amount due, the reason for the dishonor and the payment deadline. If the issuer fails to respond or make payment within the stipulated time, the receiver may proceed with legal action.
2. Filing a complaint
If the issuer fails to respond to the legal notice or contests the demand, the receiver can file a complaint under Section 138 of the Negotiable Instruments Act in the concerned Magistrate Court. Complaint should be filed within 30 days from the date of receipt of dishonored cheque.
3. Court Proceedings
Once the complaint is filed, the court will issue a summons to the issuer, requiring them to appear in court. If the issuer fails to appear, the court can issue a warrant for their arrest. During the proceedings, both parties will have an opportunity to present evidence and arguments in court.
4. Trial and execution
If the court finds the issuer guilty of dishonoring the check, they may be ordered to pay imprisonment and/or fines. Additionally, the court may order the issuer to compensate the recipient for the dishonored amount and any legal costs incurred. The receiver can enforce the court judgment through judicial proceedings to recover the due amount.
Conclusion
Check dishonor is a serious offense under Bangladesh law, and legal remedies are available to victims. By understanding the legal framework and taking quick action, individuals and businesses can protect their interests and recover amounts owed to them through dishonored checks.
FAQs
Can bounced check cases be settled out of court in Bangladesh?
Yes, the parties involved can settle the matter out of court by mutual agreement, but it is advisable to document the settlement to avoid future disputes.
What is the penalty for dishonoring checks in Bangladesh?
Punishment for check dishonor in Bangladesh includes imprisonment up to one year or fine, or both, as determined by the court.
Is there a time limit for filing complaint for check dishonor in Bangladesh?
Yes, as per Section 138 of the Negotiable Instruments Act, complaint has to be filed within 30 days from the date of receipt of dishonored cheque.
Can legal action be taken for bounced checks issued by authorized representatives of a company?
Yes, legal action can be taken against both individual issuers and the companies they represent for check dishonor under Bangladesh law.
Is there any defense available to the issuer in case of check dishonor?
Yes, the issuer may have defenses such as lack of knowledge of insufficient funds or an actual dispute regarding the loan. However, the burden of proof is on the issuer to establish such a defense in court.
Trademarks play an important role in protecting intellectual property and registering one involves several specific steps. Below is a simplified guide to trademark registration process in Bangladesh:
Step 1: Searching for trademark registration
Before starting the registration process, it is recommended to conduct a search to ensure that the selected mark is not already registered. While not mandatory, this step helps avoid conflicts. To perform the search, submit Form TM-4 along with the required fee:
Official Fee: Rs.2000
VAT: 15%
Miscellaneous Expenses: Rs.500
This search usually takes 2 to 3 days
Step 2: Power of Attorney of Trademark Registration
Step 3: Filing an online trademark registration application
a) Required documents/information:
To file the application, you need various details including description of the mark, information of the applicant, specification of goods or services and a hard copy of the application. The application must be filed with the trademark registry having jurisdiction over the principal place of business.
b) File Jurisdiction:
The application can be submitted online through the appropriate trademark registry office and the fee is as follows:
Government Fee: Rs.5000
VAT: 15%
Step 4: Acknowledgment of Application
After submission, you will receive an auto-generated receipt containing the necessary information about the filing.
Step 5: Test the application
The registrar checks trademarks for uniqueness. If satisfied, a letter of acceptance is issued, and the mark is published in the Trade Marks Journal. This process takes about 3-6 months.
Step 6: Publication at journal level
The proposed trademark is published in the Trade Marks Journal, the public is invited to oppose within 2 months. Failure to pay the journal fee within 1 month will result in the application being declared abandoned.
Submit Form TM-9 for Disclosure:
Government fee: 3000 rupees
VAT: 15%
Step 7: Contrast (if needed)
Anyone can dispute by submitting a notice of opposition in Form TM-5 within 2 months of publication. The adversary process involves counter-statements and appeals.
a) Countermeasures:
Government Fee: Rs.5000
VAT: 15%
b) Counter Statements and Appeals:
Government fee: 4000 rupees
VAT: 15%
Step 8: Register
If there is no dispute after the opposition period, the Registrar informs the applicant to pay the required fee. After payment, a certificate of registration is issued, valid for 7 years from the date of filing.
Submit Form TM-11 for registration:
Official Fee: Rs 20,000
VAT: 15%
Step 9: Renewal of Trademark Registration
Trademarks can be renewed for an unlimited period by paying a renewal fee. Failure to renew may result in removal from registrar. Submit Form TM-12 for renewal:
Official Fee: Rs 20,000
VAT: 15%
For late renewal within four months of expiration, use Form TM-17 with additional fee:
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