The short answer
To register a trademark in Bhutan, file Form 7 with the Registrar of the Industrial Property Registry under the Industrial Property Act of the Kingdom of Bhutan, 2001 and its Rules. Applicants based outside Bhutan must act through a legal practitioner in Bhutan or a registered industrial property agent. Accepted marks are published for a 3-month opposition period. A registration lasts 10 years counted from the filing date and renews for further 10-year periods.
Trademark deadlines in Bhutan at a glance
| Question | Answer for Bhutan |
|---|---|
| How long does a registration last? | 10 years (Section 28(4)(a)) |
| Which date does the term count from? | The filing date of the application, not the certificate date |
| When can I renew? | On Form 13, in the 6 months before expiry (Rule 49) |
| Is there a grace period? | Yes, 6 months after expiry with a surcharge (Section 28(4)(c)) |
| Opposition period | 3 months from publication, on Form 10 (Rule 47) |
| Reply to an opposition | Counter-statement on Form 11 within 2 months of the notice being sent to the applicant |
| Removal for non-use | After 3 or more years of continuous non-use (Section 29(2)), on Form 14 |
| Assignment | Written, and recorded on Form 15. No effect against third parties until recorded (Section 34) |
| Change of name or address | Recorded on Form 18 (Rule 56) |
| Can I ask for more time? | Yes, on Form 19, for a fee per month or part of a month |
The same rules answer the questions people search for most: how the registration term is counted, how renewal works, what the grace period is, and how long you have to oppose.
Who can apply for a trademark in Bhutan?
The exclusive right to a mark in Bhutan is acquired through registration (Section 25). A mark is any visible sign that can distinguish the goods (trademark) or services (service mark) of one enterprise from those of others (Section 24).
Applicants in Bhutan
File directly
An applicant resident in Bhutan files the application with the Registrar.
Applicants abroad
Appoint a local representative
Under Section 35 an applicant whose residence or principal place of business is outside Bhutan must be represented by a legal practitioner resident and practising in Bhutan, or by a registered industrial property agent. The appointment is made on Form 16, which has no fee.
Trademark registration in Bhutan: the steps
Check the mark
- The Registrar refuses a mark identical or confusingly similar to an earlier registered or earlier filed mark for the same or closely related goods or services
- Well-known marks are protected too (Section 25(3))
File Form 7
- The application contains a request, a reproduction of the mark and the list of goods or services grouped by Nice class (Section 26(1))
- You may claim Paris Convention priority on an earlier application. The Registrar may ask for a certified copy (Section 26(2))
Examination
- The Registrar checks the form of the application, then whether the sign is a mark and registrable (Section 27(1))
Publication and opposition
- Accepted applications are published in the Trademark Official Bulletin
- Any interested person may file a notice of opposition on Form 10 with the fee within 3 months of publication, with supporting evidence (Rule 47)
- The applicant files a counter-statement on Form 11 within 2 months, or the application is deemed abandoned (Section 27(2)(c))
- The Registrar hears the parties and decides
Registration
- If there was no opposition in time, or the opposition failed, the mark is registered, the registration fee is paid on Form 12 and a certificate is issued (Section 27(3))
- From publication until registration the applicant has provisional rights (Section 27(2)(e))
| Official fee (Schedule I of the Rules) | Amount |
|---|---|
| Application, Form 7 | 1,000 (500 for individuals) |
| Registration, Form 12 | 1,000 |
| Notice of opposition, Form 10 | 500 |
| Counter-statement, Form 11 | 500 |
| Request for a hearing, Form 8 | 100 |
| Renewal, Form 13 | 1,000, with a lower surcharge entry for the grace period |
| Removal or invalidation, Form 14 | 1,000 |
| Change of ownership, Form 15 | 1,000 (500 for individuals) |
| Correction or change of name or address, Form 18 | 500 |
| Extension of time, Form 19 | 200 per month or part |
The Rules' fee schedule does not name the currency. Local practice quotes the amounts in ngultrum (Nu). Confirm the current schedule before you budget, and add agent fees.
Timing. The Act sets no fixed examination deadline. Law-firm estimates vary from about 6 to 18 months, so treat them as estimates.
What the Registrar can refuse
Section 25(3) lists the grounds. A mark is refused if it falls in any of these groups:
Distinctiveness
Cannot distinguish
Signs that cannot distinguish one enterprise's goods or services from another's.
Public interest
Order, morality, misleading
Signs contrary to public order or morality, or likely to mislead about origin, nature or characteristics.
Official signs
Flags and emblems
Armorial bearings, flags, emblems and official signs of states or international bodies, unless authorised.
Earlier rights
Earlier or similar marks
Signs identical or confusingly similar to an earlier registered mark, or one with an earlier filing or priority date, for the same or closely related goods or services.
Well-known marks
Reputation
Signs that conflict with a mark or trade name well known in Bhutan.
Passing off
Still available
The right to bring a passing-off action is preserved (Section 25(2)).
How long does a registration last, and how does renewal work?
Section 28(4) sets a term of 10 years from the filing date of the application, not from the certificate date. Registration can be renewed on request for consecutive 10-year periods, on payment of the prescribed fee.
- Renewal is requested on Form 13, in the 6 months before the registration expires (Rule 49)
- A 6-month grace period allows late renewal with a surcharge (Section 28(4)(c))
- The Rules' fee schedule lists Nu 1,000 for renewal under Rule 49(1) and Nu 200 for payment in the grace period. Confirm the current amounts
- Individuals have a lower entry in the schedule
Count from the filing date. Put the 10-year date in your docket on the day you file.
Assignment, licence, and change of name or address
Assignment
Written and recorded
A change of ownership must be in writing and is recorded on request, on Form 15. It has no effect against third parties until recorded (Section 34). An assignment is invalid if it is likely to deceive or cause confusion.
Name or address
Form 18
A change in the proprietor's name, address or description is recorded on Form 18 (Rule 56(2)). A change of legal entity is better treated as an assignment.
Licence
Record it
A licence contract is submitted to the Registrar and recorded, and has no third-party effect until recorded. It must provide for effective quality control by the licensor (Section 31). A licensee is recorded on Form 20.
Agent
Form 16
Appointing or changing an agent uses Form 16, which has no fee.
Removal, invalidation and objections
Non-use
Removal after 3 years
A registration can be removed after a continuous period of three years or more of non-use. It is not removed if special circumstances prevented use and there was no intention to abandon the mark (Section 29(2)). The request is made on Form 14.
Invalidation
Form 14
Anyone can ask the Registrar to invalidate a registration under Section 29(1). The proprietor files a counter-statement on Form 11 within 2 months of receiving the copy.
The Registrar can also correct recorded details on request (Form 18) and allow more time for a deadline on Form 19.
How to check the status of a trademark in Bhutan
- Published applications appear in the Trademark Official Bulletin of the Industrial Property Registry, which is also the start of the 3-month opposition period
- You can consult the register by request on Form 17. The Rules list a fee of 500 per hour or part of an hour, and a fee of 500 for certified copies
- Ask your agent to run a search before filing, because the register is the only reliable way to find conflicting marks
Sources used
Industrial Property Act of the Kingdom of Bhutan, 2001, and the Industrial Property Rules, 2001, English texts on WIPO Lex (Act), plus the Trademark Official Bulletins of the Bhutan Industrial Property Registry. Fees and forms change, so check the current schedule before filing.
Trademark registration in Bhutan: common questions
How long is a trademark valid in Bhutan, and from when is it counted?
Ten years, counted from the filing date of the application. It can be renewed for consecutive 10-year periods.
When should I renew a Bhutan trademark?
In the 6 months before expiry, on Form 13. A 6-month grace period allows late renewal with a surcharge.
How long is the opposition period in Bhutan?
Three months from publication, on Form 10, with the fee and any supporting evidence.
How much does it cost to register a trademark in Bhutan?
The Rules list 1,000 for the application on Form 7 (500 for individuals) and 1,000 for the registration fee on Form 12. Confirm the current schedule, and add agent fees.
Can a foreign company register a trademark in Bhutan?
Yes. An applicant outside Bhutan must be represented by a legal practitioner resident and practising in Bhutan, or by a registered industrial property agent.
How do I assign a Bhutan trademark?
Put the assignment in writing and record it on Form 15. It has no effect against third parties until recorded.
How do I change the name or address on a Bhutan trademark?
File Form 18 with the Registrar. If the legal entity itself changes, record it as an assignment.
Can a trademark be cancelled for non-use in Bhutan?
Yes. A registration can be removed after three or more years of continuous non-use, unless special circumstances prevented use.
How do I check the status of a trademark in Bhutan?
Look in the Trademark Official Bulletin for published applications, or ask the Registrar to consult the register on Form 17.
Can I claim priority from my home filing?
Yes. Section 26(2) allows a Paris Convention priority claim based on an earlier application, and the Registrar may ask for a certified copy.
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