Design Registration Procedure, Fee & Flowchart
Any person whether national or foreigner claiming to be the proprietor of a new or an original industrial design may apply to the Registrar of the Department of Patent, design, and Trademarks for the registration of the design in Bangladesh with the following documents. In the case of the foreign application, the application will be submitted through a local agent/Lawyer.
Background
In a legal sense, an industrial design constitutes the ornamental or aesthetic aspect of an article or product. An industrial design may consist of three-dimensional features, such as the shape of an article, or two-dimensional features, such as patterns, lines, or color. In principle, the owner of a registered industrial design or of a design patent has the right to prevent third parties from making, selling, or importing articles or product bearing or embodying a design, which is a copy, or substantially a copy, of the protected design, when such acts are undertaken for commercial purposes.
Schedule Fee & Cost
Without Priority Claim
$ 500 /smooth case
Filing to Registration
Professional fee: $425
Official fee: $36
POA: $15
Disbursement: $25
With Priority Claim
$ 600 /smooth case
Filing to Registration
Professional fee: $415
Official fee: $145
POA: $15
Disbursement: $25
Other Cost
(A) All Bank Charges have to be paid by the sender.
(B) Courier Charge for registration certificate will be added $30 if the Client requires a hard copy of the certificate.
Requirement
- Name and Address of the applicant
2) Representation:
Application on the prescribed form shall be accompanied by exactly similar four copies of representation of the article clearly showing the features of the design by different views and stating names of the views. The representation may contain drawings or photographs or specimens of the design where applicable.
3) Statement of Novelty:
The applicant should endorse the application and each of the representations a brief statement of the novelty for which he/she seeks protection. This may be done when he/she files the application or at any time before registration is finally effectuated.
4) Endorsement of disclaimers:
Statement of the novelty will contain a disclaimer to the effect that no right is claimed over the use of Trademarks, any mechanism, letters, words, numbers, etc.
5) Classification of Goods:
For purpose of registration of an industrial design, goods to which the design is to be applied are divided into fourteen classes.
6) Original POA (Power of Authority by Applicant) Original copy of POA must be filed within 1 month of the filing of Patent Application in Bangladesh
7) Priority:
There is a provision for priority application in Bangladesh. In this respect the applicant for registration of an industrial designer who desires to avail himself of the priority of an earlier application filed in a convention country shall, within six months of the date of such earlier application, append to his application a written declaration indicating the date and number of the earlier application, the name of the applicant and the country in which he or his predecessor in title filed such application and shall, within a period of three months from the date of the later application filed in Bangladesh, furnish a copy of the earlier application certified as correct by the appropriate authority of the country where such application was filed earlier. Verified/ notarized English translation of the priority document if priority document is in any language other than English.
Conditions
Conditions for Industrial Design Registration in Bangladesh are as follows:
A) The size and shape of the product must be new/fancy. The size, shape, and design of the product
It is not the shape of a familiar product and has never been seen in practice before.
B) The design must be new and original at the time of submission of the registration application.
C) To the public without the permission of the Department of Patents, Designs, and Trademarks before submitting the application for registration.
Cannot be published.
D) The design must be visually pleasing in general.
E) The product must be individually manufactured or individually marketable.
F) It cannot be contrary to law and ethics.
G) For industrial design registration, the combined product must be produced through application in the industry.
Who can apply?
Any person whether national or foreigner claiming to be the proprietor of a new or an original industrial design may apply to the Registrar of the Department of Patent, design, and Trademarks for the registration of the design in Bangladesh with the following documents. In the case of the foreign application, the application will be submitted through a local agent/Lawyer.
Registration Flowchart
Stage-01: Application Filled
Any person whether national or foreigner claiming to be the proprietor of a new or an original industrial design may apply to the Registrar of the Department of Patent, design, and Trademarks for the registration of the design in Bangladesh with the following documents. In the case of the foreign application, the application will be submitted through a local agent/Lawyer.
Stage-02: Examination
Formality Examination The submitted applications are considered Formality Examination according to the provisions of the Act.
Novelty Examination The submitted applications are considered for Novelty examination according to the provisions of the Act.
Stage-03: Proceed for the registration certificate
If there is no official action or if the determination is in favor of the applicant of a design the Registrar is obliged to issue a Certificate of Registration for the Desing.
Term of Registration
The initial Term of Registration of Design is 5 years and is renewable next two terms of each 5 years. There is no option to file a late renewal application like a trademark, so the renewal application should be filed before the expiry date. The period of registration of the industrial design is initially 05 (five) years as per section 46 of the Act of 1911.
In other words, the total period of industrial design is 15 (fifteen) years.
Renewal of a design in Bangladesh
The period of registration of an industrial design is initially 05 (five) years as per section 46 of the Act of 1911.
This period can be extended up to two terms of 05 (five) years subject to submission of appropriate fees within the stipulated time.
In other words, the total period of industrial design is 15 (fifteen) years.
Duly filled Form-19 prescribed in accordance with Sections 48 (2) and 46 (3) of the 1911 Act, Renewal of Industrial Design Registration within the stipulated time with fee pay order of BDT. 5000 / – (Five Thousand) Registration can be renewed by submitting an application.