By: Shaleh Akram Somrat

This article is aimed to draw asimple and clear map in the readers mind so that they can find this articleeffectively practical. 

Step-1: Trademark Filling

Any person who wants to be an owner of a Trademark,he/she may apply in writing to the Registrar, Department of Patents, Designs& Trademarks (DPDT), Bangladesh in the prescribed manner. All Trademark Forms(TM Forms) are available on the website of DPDT. Anyone can find his/her requisiteTM form from the website. Upon receipt of the application, DPDT usually issuesOfficial filing receipt. The receipt copy contains all relevant filing detailsof the trademark e.g. application number, date of application, the amount ofremittance, the trademark, name of receiving staff  and other necessaryinformation.

Please take note that multi-class Trademark filingis not allowed in Bangladesh; rather, only single class Trademark filing isallowed.

Step-2: Examination

New Trademark applications are examined by thetrademark examiner within 2-4 months of filing. If TM application satisfies allrequirements then the respective examiner, on behalf of Registrar, shall issuea letter of acceptance for the mark to be advertised in the Trademarks Journal.If TM application does not satisfy all requirements, then the examiner willissue objection notice.

Step-3: Reply of objection orobjection hearing

Any objection given by the examiner may bedissolved in two ways i.e. reply of objection and objection hearing. If theauthority is satisfied after the representation or hearing then the next stepwill be publication. Otherwise, the original TM application will be treated asrejected and the trademark is denied to be registered by the authority.

Step-4: Publication

Subject to the deposition of publication fees, theaccepted mark to be published in Trademark Journal provided the trademark hasbeen accepted by the examiner.

Step-5: Opposition (Ifrequired)

When a trademark is advertised in the TrademarkJournal, any person may oppose on Form TM-5 within two months from the date ofthe publication. IF

Step-6: Registration

If no opposition is filed against the published Trademark,then the applicant will be asked for depositing registration fees. Upon receivingthe registration fee, the Registrar will issue the Registration Certificatewithin 2-6 months from the date of depositing of registration fees.

 Step-7: Rectification:

Any person, who is aggrieved, may filerectification case in the prescribed manner against the impugned registered Trademarkeither before the Registrar of Trademarks or before the Hon'ble High CourtDivision of the Supreme Court of Bangladesh to cancel the registration of thesame.

Validity of Trademark

Initially, a registered trademark is valid forSeven years from the date of filing and renewable thereafter for periods of Tenyears in each term to an indefinite period, in terms of depositing renewal fee.