Trademark Journal
Trademark Journal: generally, Department of Patent, Design and Trademark (DPDT), Ministry of Industries, Dhaka Bangladesh publishes not less than 3 (three) journals in every year in accordance with section 17 of the Trademark Act, 2009 and the Trademark Rules, 2015. Accordingly, DPDT has published Trademark Journal No. 333 and posted it on their official website. Section 17 of the Trademark Act, 2009 is under:
“(1) When an application for registration of a trademark has been accepted, whether absolutely or subject to conditions or limitation, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner: Provided that the Registrar may cause the application to be advertised before acceptance if it relates to a trademark to which section 6(2) applies or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do.”
“(2) Where an application under sub-section (1)⎯ (a) has been advertised before acceptance, or (b) after advertisement of an application an error in the application has been corrected or the application has been permitted to be amended under section 19. the Registrar may cause the application to be advertised again or, notify in the prescribed manner the correction or amendment made in the application.”
Opposition Case:
If anyone has an interest or objection to the published journal, he can file an opposition case within 2 months from the date of publication of the journal.
Submission of Registration Fees:
After expiration of two months from the date of the publication of the journal, DPDT officially issued a notice explaining as to whether the opposition case has been filed. If there is no opposition case filed against the mark published in the journal, the applicant can submit the registration fees.
Issuance of Certificate:
DPDT will issued the registration certificate if there is no legal bar. The certificate will be signed by the Director General of DPDT.
Duration of the Trademark Registration Certificate:
The term of the registration will remain effective for a period of 7 years from the date of filing of the trademark application.
Renewal of the registration:
after expiration of the registration period of 7 years, it can be renewed for a further period of 10 years. Accordingly, after expiration of 10 years, it can be renewed unlimited period of time.
Late Renewal of the Registration
If the trademark registration period is not renewed within the prescribed period, after depositing late fees, it can be renewed.
Removal from the Register Book
If in case of failure to renew the registration period, DPDT after issuing notice can remove the trademark from the Register Book.
Restoration of the registration
DPDT can restore the registration of the trademark within 1 year on the basis of the application.
Effect of the Removal of the registration
Section 23 of the Trademark Act, 2009 states the effect of the removal of the registration from the Register Book. Section 23 is under:
“23. Effect of removal from registration for failure to pay fee for renewal.⎯ Where a trademark has been removed from the Register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trademark during 1(one) year next after the date of the removal, be deemed to be a trademark already on the Register, unless the
Tribunal is satisfied⎯
(a) that there has been no bona fide trade use of the trademark which has been removed during the 2(two) years immediately preceding its removal; and (b) that no deception or confusion would be likely to arise from the use of the trademark which is the subject of the application for registration by reason of any previous use of the trademark which has been removed.”
