Trademark Filing and Registration in Bhutan
- Home
- Trademark Filing and Registration in Bhutan
Protecting your brand’s identity in Bhutan is essential for sustainable business growth. The process of trademark filing Bhutan allows a business to secure exclusive rights to use a distinctive sign for its goods or services. By completing trademark registration in Bhutan, owners gain legal recognition, which bolsters credibility and safeguards against unauthorised use. The official authority, the Intellectual Property Division under the Ministry of Economic Affairs, manages the Bhutan trademark registry and administers the rules under the Industrial Property Act and associated regulations.
In Bhutan, any sign, such as a word, logo, shape or colour that can distinguish goods or services from one enterprise to another may qualify as a trademark. However, identical or confusingly similar marks cannot be registered. The industrial property law in Bhutan sets out that marks which are descriptive, generic, deceptive, or contrary to public policy will be refused. It is possible for both local and foreign entities to apply for brand registration in Bhutan, provided the required formalities are complied with (including, where applicable, using a local agent).
Registering a trademark in Bhutan provides:
Eligible applicants for trademark registration in Bhutan include individuals, companies or legal entities. Foreign applicants commonly appoint a local agent. Before filing, applicants should prepare the documents required for trademark registration in Bhutan, which typically include: an application form, representation of the mark, list of goods/services (classified under the Nice system classes 1-45), proof of payment of fees, and priority documents if claimed. Bhutan adheres to the Nice Classification system. Applicants select the relevant class or classes for their goods/services in the trademark registration process in Bhutan.
Here is a simplified outline of the procedure for trade mark registration in Bhutan:
In Bhutan, the official filing and registration fees vary, but one report indicates a filing fee of Nu 1,000 per class plus additional registration fee. Registration is valid for 10 years from the filing date and may be renewed indefinitely in successive ten-year terms provided renewal fees are paid and use is maintained.
Upon registration, the mark holder enjoys exclusive rights across the designated goods/services. If another party uses a sign that is identical or confusingly similar, it may be considered trademark infringement in Bhutan. If the mark has not been used for three consecutive years, it may be vulnerable to cancellation for non-use.
Bhutan is a contracting member of the Madrid Protocol, allowing trademark owners to seek protection across multiple jurisdictions through International Trademark Filing and Registration. This system enables applicants to file a single international application and designate Bhutan among other countries for protection.
However, even when protection is obtained via the Madrid route, businesses are advised to complete trademark registration in Bhutan under the national procedure for stronger
Trademark infringement in Singapore occurs when unauthorized parties use identical or confusingly similar marks. Enforcement options include:
Bhutan is a contracting member of the Madrid Protocol, allowing trademark owners to seek protection across multiple jurisdictions through International Trademark Filing and Registration. This system enables applicants to file a single international application and designate Bhutan among other countries for protection.
However, even when protection is obtained via the Madrid route, businesses are advised to complete trademark registration in Bhutan under the national procedure for stronger enforceability and recognition before local authorities. The Intellectual Property Division (IPD) under the Ministry of Economic Affairs oversees all domestic filings, renewals, and enforcement actions, ensuring trademarks meet Bhutanese legal standards. By aligning both international and local registrations, brand owners can ensure comprehensive protection, reduce the risk of trademark infringement in Bhutan, and simplify future renewals or assignments. Kayser & Co. can assist in coordinating applications, helping businesses navigate the procedure for obtaining trademark right in Bhutan, and ensuring filings align with local registry requirements and classification standards.
Any natural person or legal entity, including foreign applicants via a local agent, may apply.
Typically, 4-10 months if there are no objections or oppositions.
10 years from filing, renewable for further 10-year terms.
While not strictly compulsory, it is highly advisable to conduct a trademark search in Bhutan to identify potential conflict.
The owner may seek cancellation, enforcement, or civil action against unauthorised use of a confusingly similar mark.