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

If filing as a foreigner or through a representative, a power of attorney must be issued on behalf of a lawyer or representative. Submit Form TM-10 with the following fees:

• Government fee: 1000 rupees
• VAT: 15%

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:

• Renewal: Rs 20,000
• Late fee: Rs 5,000
• VAT: 15%