TRADEMARK REGISTRATION IN BHUTAN
Trade Mark Registration in Bhutan is controlled by the Department of Intellectual Property, Ministry of Economic Affairs, Royal Government of Bhutan.
Registration Procedure Duration
The time duration of the registration procedure depends on the proper filing of the application. The applied trade mark should be also eligible for registration without any objection. In the absence of any objection, the Registrar will accept the application within 4 to 6 months.
Application Procedure
The application for trade mark registration in Bhutan should be made on Form - 7 with the following details:
(1) Request for registration
(2) Name and address of the applicant
(3) A Representation of the trade mark
(4) A list of goods and services
(5) A declaration of use/intent to use the trade mark
(6) Prescribed Fees
When the trade mark is with colors or packaging containing colours, the trade mark should be filed in the actual colors. If the trade mark contains non-English words or characters, a certified translation and transliteration (i.e. pronunciation) should be filed with the application. After filing the application, the Trade Marks Registry will issue the application number with the application date.
Priority Claim
If the applicant wishes to claim any priority, the same should be made at the point of filing the application.
Address for Service
All the trade mark applications should carry an address for service in Bhutan. At this address, the Registry of Trade Marks will send all correspondences. If there is any change in this address, it should be informed to the Registry of Trade Marks in Bhutan.
Procedure for Registration
After filing the application, Trade Marks Registry in Bhutan will proceed with the examination procedure. This examination is for checking whether the application is in proper form. It should contain the information of the trade mark, description of goods or services and the class. On successful submission, a trademark number and a filing date will be issued.
The Trade Mark Examiner will conduct a search to find out whether the applied trade mark is similar with already registered trade marks. The examiner will also check whether the applied trade mark is a geographical name or a generic name. Additionally, the specification of goods or services will be checked to ensure that it is according to the International Classification of Goods and Services. If the Class mentioned is wrong, the examiner will reject the application.
Examination
The application will follow the examination procedure after the search. The examiner here checks whether the applied trade mark is eligible for registration. If there is any objection, the examiner informs the applicant of the same with the time period for overcoming the objection. The applicant may request an extension of time for filing a reply.
Extensions of Time
The time for filing a reply of objection is 2 months. It can be extended, for another 2 months by paying fees.
Publication
The applied trade mark will be accepted for registration if there is no objection or the objections are waived. After the acceptance, the trade mark will be published in the Trade Marks Journal. Any interested party may oppose the published trade mark within 3 months of the publication.
Opposition
Anyone may oppose a trademark registration if there is any ground of deceptive similarity. The opposition should be filed through the required form with fees. Once the notice of objection is received, the applicant must file a counter-statement to resolve the objection. Both the applicant and opponent should also file the evidence to support their statements. Afterward, a hearing will follow to allow both parties for oral submissions. After the hearing, the Registrar will pass an order based on the information and evidence presented by both parties
Registration
When the opposition is dismissed or if there is no opposition, the trade mark under application will be registered. A registration certificate will be issued after registration.
Renewal
Once the registration is complete, the renewal should be followed after 10 years.
