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Bangladesh

Patent Law Bangladesh:

Bangladesh is member Paris Convention, therefore, it is possible to file Patent Application with conventional prority in Bangladesh with priority claims. Bangladesh is not member of PCT therefore filing national phase is not possible, and if 12 months deadline is over,  it is possible to file an application without prioirty claim. The total term of Patent is 20 years in Bangladesh.

Patent filing requirements in Bangladesh:

  1. Name, address and nationality of the Applicant (s) and inventor (s)
  2. Complete Specification in English (comprising description, claims, abstract and formal drawings, if any)
  3. Assignment Document by Inventors in favour of Applicant, where Applicant is not the sole inventor
  4. Power of Authority by Applicant

Where a conventional priority is claimed  Priority details must be supplied at the time of filing (including  Patent Application number, date and country of origin). The Certified copy of priority document  must be filed within 3 months of filing of Patent Application in Bangladesh.  A verified/ notarised English translation of the priority document must be supplied where the priority document is in any language other than English.

Patent prosecution in Bangladesh:

  1. Filing Of Patent Application and completing the formal requirements within stipulated time
  2. Preliminary Examination of Application
  3. Acceptance and Publication of Patent Application within 18 months
  4. Opposition (if any) within 4 months from date of Publication
  5. Sealing and Grant of Patent, after payment of Sealing/ Grant fee

Trademark Law Bangladesh:

Bangladesh is a member of Paris Convention, therefore it is possible to file conventional Trademark Applications in Bangladesh (within 6 months of filing of conventional application in convention country). It is possible to file Trademark Application in all 45 classes (goods 1-34 as well as services 35-45) as per International Classification of Goods and Services under the Nice Agreement (Ninth Edition). Multi class filing system is not allowed in Bangladesh. Term of a trademark registration in Bangladesh is 7 years and registration can be successively renewed for a term of 10 years thereafter.

Trademark filing requirements in Bangladesh:

(i) Full Name, Address, Status and Nationality of the applicant(s)

(ii) Representation of Trademark (where mark is in logo/device/label format, it can be supplied in JPEG format)
(iii) Trade description ( whether Manufacturer, Merchant, Trader, Service Provider)

(iv) International Class
(v) Description of goods or service for which the mark is to be registered.
(vi)  User date in Bangladesh (if any) otherwise mark would be filed as “proposed to be used”

(vi) Duly executed Power of Attorney (Form TM-48) (Notarisation/ legalisation not mandatory)
 

In case of conventional trademark Application the priority details ( including Trademark Application no.; country and date of filing) must be supplied at the time of filing of Conventional Trademark Application. The certified copy must be supplied within 6 months of filing Application in Bangladesh. Where, the mark is in language other than English, Translation/ as well as Transliteration of mark must be supplied. If any colour priority is to be claimed it must be specified at the time of filing of Application.


Trademark Registration process in Bangladesh

  1. Filing of trademark Application as well as completion of procedural formalities
  2. Issuance of Application no. and acknowledgement receipt from the Trademark Office (within a week)
  3. Examination of Trademark Application
  4. Issuance of Examination report, if there are any preliminary objections in around 4-8 months (otherwise acceptance)
  5. Reply to examination report, if any
  6. Hearing (if Registrar is not satisfied with response)
  7. Acceptance of Application (if there are no preliminary objections, or reply is found satisfactory or if Registrar is convinced after hearing submissions)
  8. Publication of Trademark Application in the monthly Trade Marks Journal
  9. Opposition within 2 months from the date of publication of mark
  10. Issuance of Registration Certificate

Industrial Design Law Bangladesh:

Bangladesh is a member of Paris Convention, therefore it is possible to file design Application with Conventional priority in Bangladesh (within 6 months of filing of conventional application in convention country). The term of Design Registration is 5 years and registration can be further renewed for two terms of 5 years each.

Industrial Design filing requirements in Bangladesh:

(a)   Name, address and Nationality of the Applicant (s)
(b)  Title of the Article

(c)   Various views of the Article (front, back top, side, bottom, including perspective views);

(d)  Power of Attorney

In case of conventional design Application the priority details ( including Design Application no.; country and date of filing) must be supplied at the time of filing of Application. The certified copy must be supplied within 3 months of filing Application in Bangladesh.