- Asian

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overview
The Bhutan Intellectual Property Management Law came into effect on April 4, 1997, which provided for the protection and registration of trademarks and service trademarks. Prior to this, trademark protection was in the form of warning notices published in daily newspapers. The new trademark law mainly stipulates that Bhutan can apply for multiple categories, and applicants can claim priority based on their country's trademark registration.
The country joined the Madrid Agreement and related protocols on August 4, 2000, becoming a member of the Madrid Union and a member of both the Agreement and the Protocol. -
official language
Zongka language
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Duration
The trademark exclusive right is valid for 10 years from the date of application, and the validity period for each renewal registration is 10 years. It can be processed 6 months in advance; The expansion period is 6 months.
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Registered types
At present, Bhutan adopts the Nice Classification 10th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Bhutan include: text, graphics, colors, letters, numbers, etc.
Single country registration
Madrid Agreement International
Before applying for trademark registration, searching is an essential step. The applicant conducts a search on the applied trademark to determine whether it is a duplicate or similar to others; The second is to determine whether our trademark complies with the government's standards for trademark laws.
Kind reminder: A trademark takes a long time from application to approval and registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost, and on the other hand, it will take longer to reapply for trademark registration. Moreover, whether the reapplication can be approved for registration is still unknown. Therefore, it is necessary to carefully search for the trademark before registration.
If the search results show that no one else has previously used the same or similar trademark on similar goods or services, an application can be submitted. Normally, trademark applicants can submit their own trademark applications.
After the application is submitted, the Trademark Office conducts a legality review of the submitted application documents, trademark designs, power of attorney, and other related documents; Those who meet the requirements will be granted the application date and application number.
According to the law, review whether the trademark has registrability, whether it is the same or similar to a previously registered trademark, and whether it violates the prohibition clause of the Trademark Law. For trademarks that fail substantive examination, the Bhutanese examiner will notify the applicant in writing and inform them of the reasons for rejection. The applicant may submit a re examination within the time limit from the date of receiving the rejection notice. Otherwise, the application will be deemed abandoned, and the application date and number will not be retained.
After the trademark is reviewed, the applicant will be informed that the trademark application has been accepted and published in the trademark announcement. Anyone can raise objections within the 3-month announcement period, stating their reasons and submitting relevant evidence.
The main reasons for raising objections are:
① Conflict with prior trademarks, such as owning a prior registered trademark;
② Lack of distinctiveness in trademarks;
③ The trademark has adverse effects;
④ Malicious registration;
⑤ Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be granted registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 6-8 months.
1. The applicant needs to submit their Chinese and English company name and relevant address;
2. List of international classifications for trademark registration and designated goods or services for use;
3. Copy of the enterprise business license or individual business license;
4. Clear trademark design, for black and white trademarks, five copies of the trademark design are required; Color trademarks require black and white patterns as well as color patterns.
5. If the trademark has been used in commercial activities in Bhutan, it is also necessary to submit the earliest place and date of use of the trademark.