Apr 11, 2018 (Newsletter Issue 7/18)15 Percent VAT on Official IP FeesThe Department of Patents, Designs and Trademarks, Bangladesh (DPDT) published an official notification dated on March 12, 2018, imposing 15% Value Added Tax (VAT) on all Government Fees i.e. official fees, on all Intellectual Property matters in Bangladesh.
The Official Notification of the DPDT can be accessed here
Source: S. S. Rana & Co., India
Legal basis is the Trademark Act of 2009 and Trademark Rules 2015.
Trademark protection is obtained by registration.
Nice classification, 11th edition
Trademark Act of 2009, Sec. 6 (1). 6. Requisites for registration in the Register:
A trademarks shall not be registered in the Register unless it contains or consists of at least one of the following essential particulars
(a) the name of a company, individual, or firm, represented in a special or particular manner;
(b) the signature of the applicant for registration or some predecessor in his business;(c) one or more invented words;
(d) one or more words having no direct reference to the character or quality of the goods or services, as the case may by, and not being, according to its ordinary signification, a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in Bangladesh;
(e) any other distinctive mark.
(2) A name, signature or word which does not fall within the description in clauses (a), (b), (c) and (d) of sub-section (1) except in clause (e) of this sub-section shall not be registered in the Register except upon the evidence of its distinctiveness.
The following trademark types are registrable: trademarks, collective marks and certification marks and defensive marks.
The application is filed at the Department of Patents, Designs and Trademarks, Bangladesh (DPDT).
A separate application has to be filed for each class.
Foreign applicants need a local law firm/lawyer.
Applicant’s original address must be given for filing application
A non-legalised power of attorney is sufficient with adhesive stamp of BDT 1,000 for more than one application.
Foreign applicants need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
The current processing time from first filing to registration of a trademark is about 15 months.
Before registration every trademark application accepted by the Registrar will be published in the “Trademarks Journal”.
National:
The opposition period is 2 months from the date of the advertisement of an application for registration.
A trademark registration is valid for 7 years.
The registration is renewable for periods of 10 years.
Practical details on grace periods for trademark renewals are available in our publication
here
The official fee for filing a trademark application is BDT 5,000 in one class and BDT 5,000 for each additional class. The publications fee is BDT 3,000 and the registration fee is BDT 20,000. The VAT of 15% is applicable with each official fees.
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Practical details on trademark licensing are available in our publication
here
Online you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
SMD Group
thanks the following law firms for their assictance in updating the information provided.
Aug 29, 2024
NB & Associates, DHAKA, Bangladesh