BANGLADESH Law and Practice Contributed by: A B M Shamsud Doulah, Rajin Ahmed and A B M Sohailud Doulah, Doulah & Doulah
to renew their registrations to maintain protection beyond the initial ten-year period. The renewal application should be filed with the Bang - ladesh Trade Marks Registry before the expiry of the current registration term. There is typically a grace period (six months) for renewal after the expiry date, but it may be subject to additional fees. After the grace period, it may be possible to file for renewal with addi - tional fees, but this is subject to specific conditions. Trade mark owners are required to submit a pre - scribed renewal application along with the prescribed renewal fees. Trade mark registrations can be updated or refreshed through amendments. Amendments may include changes to the representation of the mark or identifi - cation of goods or services. Material alterations from the original mark or the identified goods or services may be subject to certain limitations, and legal advice may be needed to navigate such changes. 4.4 Application Requirements The following provides a general overview of the requirements and procedures for applying for the reg - istration of a trade mark in Bangladesh. Materials The materials required for an application are: • a representation of the mark (drawing or speci - men); • details of the applicant, including name and address; • a list of goods or services for which registration is sought; and • a letter of authorisation from the applicant. Application Process Overview Bangladesh does not currently allow for multi-class trade mark applications. Trade marks can be registered by individuals, legal entities (such as companies) and trade bodies in Bangladesh.
It is recommended to engage a local attorney or agent familiar with the registration process and require - ments. The application process involves the following steps: • pre-filing search – conducting a thorough search to identify any existing trade marks that may conflict with the proposed mark; • preparation of application – gathering the neces - sary information and materials for the application, including a clear representation of the mark, details of the applicant, and a list of goods or services; • application submission – submitting the trade mark application to the Bangladesh Trade Marks Regis - try, including the required forms, fees and support - ing documents; • examination and publication – the Trade Marks Registry examines the application for compliance with formalities and registrability criteria and, if accepted, the application is published in the official gazette; • opposition period – there is a specified period dur - ing which third parties may file oppositions to the registration; and • registration – if there are no oppositions or if any oppositions are resolved in favour of the applicant, a trade mark registration certificate is issued after submitting the registration fees. 4.5 Use in Commerce Prior to Registration Bangladesh does not strictly require trade mark use in commerce before registration. Application filing is possible without prior use. Evidence of actual use in commerce may be needed. Proof includes documents demonstrating use and evi - dence of commercial activity. Bangladesh does not have a specific grace period requirement. Actual use is still crucial for building and
maintaining strong trade mark rights. 4.6 Consideration of Prior Rights in Registration
The Trade Marks Registry considers existing rights during application examination. This includes reg -
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