POA Rules for Trademark, Patent, Design & IP in Bangladesh: Complete Guide
Understanding the POA (Power of Attorney) rules for trademark, patent, design, and IP in Bangladesh is crucial for both local and international applicants. Whether you are filing for a trademark, patent, or industrial design, the Department of Patents, Designs, and Trademarks (DPDT) requires proper POA compliance. This guide provides a detailed overview of POA requirements, procedures, and best practices in Bangladesh to ensure smooth and valid IP filings.
◻️What is a POA in IP Filings in Bangladesh?
A Power of Attorney (POA) is a legal authorization that allows an attorney or agent to act on behalf of an applicant before the DPDT in Bangladesh. It is mandatory for almost every intellectual property procedure, including trademark registration, patent applications, and design filings. Without a valid POA, your application may face rejection or delay.
◻️POA Rules for Trademark, Patent, Design & IP in Bangladesh
1. POA for Trademark Applications
- Format: Only a scanned copy of the signed POA is required.
- Legalization: Not required.
- Timing: Must be submitted at the time of filing the trademark application.
- Fee: One-time POA fee (USD 15) included in the filing cost.
- Agent Change: Requires new POA + additional fee.
Summary Table – Trademark POA Rules
| Requirement | Details |
|---|---|
| POA Format | Scanned copy |
| Legalization | Not required |
| Submission Time | At time of filing |
| New POA on Agent Change | Yes, with new fee |
2. POA for Patent, Design & Utility Model Applications
- Format: Original POA required.
- Legalization: Not required.
- Grace Period: Original POA may be filed within 3 months after application filing.
- Agent Change: Requires new POA + fee.
Summary Table – Patent, Design & Utility Model POA Rules
| Requirement | Details |
|---|---|
| POA Format | Original copy |
| Legalization | Not required |
| Submission Time | Within 3 months after filing |
| New POA on Agent Change | Yes, with new fee |
3. POA for Litigation, Opposition & Legal Proceedings
- Format: Original POA required.
- Legalization: Mandatory, by Bangladesh Embassy/High Commission or Apostille (if applicable).
- Timing: Must be submitted before filing legal action.
- Consequence: Failure to comply may render the case invalid.
Summary Table – Litigation & Opposition POA Rules
| Requirement | Details |
|---|---|
| POA Format | Original copy |
| Legalization | Required (Embassy or Apostille) |
| Submission Time | Before filing the case |
| New POA on Agent Change | Yes, with new fee |
◻️Changing Your Agent: POA Implications
When switching legal representatives for trademark, patent, or design matters in Bangladesh, you must:
- File a new POA in favor of the new agent.
- Pay the POA fee again.
- Ensure compliance to avoid representation issues in oppositions, hearings, or renewals.
✔️ Practical Example
If a company files a trademark in Bangladesh through Agent A, but later appoints Agent B for opposition or registration, the company must file a fresh POA in favor of Agent B and pay the POA fee again, even if already paid earlier.
📊 Quick Reference: POA Rules in Bangladesh
| Application Type | POA Format | Legalization Needed | Submission Time | New POA on Agent Change |
|---|---|---|---|---|
| Trademark | Scanned copy | ❌ Not required | At time of filing | ✅ Yes, with new fee |
| Patent / Design / Utility | Original copy | ❌ Not required | Within 3 months post-filing | ✅ Yes, with new fee |
| Litigation / Opposition | Original copy | ✅ Required | Before filing legal action | ✅ Yes, with new fee |
◻️Conclusion
Complying with POA rules for trademark, patent, design, and IP in Bangladesh is essential to prevent legal complications and delays. Always:
- Submit the correct POA format.
- Follow the deadline strictly.
- Legalize the POA for litigation cases.
- File a new POA when changing agents.
For smooth filing and enforcement of your intellectual property in Bangladesh, consult an experienced IP law firm.
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Protect your trademark, patent, and design rights in Bangladesh with expert POA compliance.
❓ Frequently Asked Questions (FAQ) on POA Rules for Trademark, Patent & Design in Bangladesh
1. Is a POA required for filing a trademark in Bangladesh?
Yes. For trademark applications in Bangladesh, a scanned copy of the signed POA is mandatory at the time of filing. No notarization or legalization is required.
2. Do I need an original POA for patent or design filings in Bangladesh?
Yes. For patent, utility model, and industrial design applications, an original signed POA must be submitted. However, applicants are allowed to file it within three months after the application date.
3. Is legalization of POA required in Bangladesh?
- Trademark filings: No legalization required.
- Patent/Design filings: No legalization required.
- Litigation, opposition, or court matters: Legalization is compulsory through the Bangladesh Embassy/High Commission, or Apostille (if applicable).
4. What happens if I change my agent or attorney in Bangladesh?
If you appoint a new agent for trademark, patent, or design matters in Bangladesh, you must submit a fresh POA in favor of the new agent and pay the POA fee again. Without this, your new agent cannot represent you in hearings, renewals, or oppositions.
5. What are the consequences of not submitting a valid POA?
Failure to provide a valid POA can cause:
- Trademark/Patent/Design applications → rejection or delay.
- Litigation/Opposition cases → dismissal or being treated as invalid.
6. Can I file a POA later after submission of my application?
- For trademark filings: No, POA must be filed at the time of filing.
- For patent/design filings: Yes, within 3 months after filing.
