Patent Law in Brutan
The Industrial Property Act of the Kingdom of Bhutan 2001.
Patent Registration Procedure in Brutan
* Applications for Patent are received at the front office of the Patent Registry.
* The first task for the Examiner is to determine whether the application meets all formal requirements, such as POA documents, forms, specifications and drawings.
The Registrary will make the Transmittal of Patent applications to World Intellectual Property Organization (WIPO) for Search and Examination.
* A request for search and substantive examination shall be submitted to the Registrar.
* It takes minimum of six months to receive the Search and Examination reports from WIPO as WIPO assigns the applications to International Search Authorities (ISAs) and other competent Patent Offices.
* Depending on the result of the search and examination of the patent application by the external Patent Office concerned, the Patent Registry will takes a decision.
Grant and Publication
The Registry will notify the applicant about the decision of the office to grant a Patent. The notification shall invite the applicant to submit the grant and publication fees within three months from the date of notification.
* After receiving the grant and publication fees, the office will Publish a reference to the grant of the patent.
* The Certificate will be issued.
A Patent shall expire twenty (20) years from the filing date of the application for the patent.
In order to keep alive a patent application or a granted patent, an annual fee is annually due in advance by or before the anniversary of the filing date, starting one year after the filing date. However, the fee is payable within a grace period of six months provided that the applicant pays the prescribed surcharge.
Trademark Law in Brutan
The Trademark legislation is the Intellectual Property Act, 2001 in force since 2001.
Member of WIPO since 16th March, 1994
Paris Convention on 4th August, 2000
Berne Convention on 25th November, 2004
Bhutan has been a member of the Madrid Agreement and the Madrid Protocol since August 4, 2000.
Trademark protection is obtained by registration.
Nice classification, 11th edition. Multiple-class applications are possible; an application can include goods in any number of classes, but with additional charges for each additional class.
Documents and information required
(1) Power of Attorney (POA)
(2) Name and address of the applicant,
(3) A clear representation of the mark,
(4) A list of goods and services sought for registration,
(5) A declaration of use/intent to use the trademark, and
Trademark Registration Procedure in Brutan
* The application is filed at the IP Registry under the Ministry of Economic Affairs, Thimphu, Bhutan. The application will be processed when all documents have been submitted.
* For marks with colours, whether coloured marks or marks consisting of colours only, marks comprising shapes or aspects of packaging containing colours, the marks must be filed in the actual colours.
* For marks with non-English words/characters, a certified translation and transliteration (i.e. pronunciation) must be included in the application.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks. Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
* The length of processing time depends on whether the application is procedurally in order and whether the mark faces objections.
If there is an objection filed, then a response has to be filed within two months from the date of notice with the prescribed fee paid.
Trademark applications accepted by the Registrar are published in the website bulletins prior to registration.
In the absence of any such objection, the applicant should hear from the Registrar concerning the acceptance of his application within 4 to 6 months of his application.
National Opposition Period
The opposition period is 3 months from the publication date of the application.
The approximate time frame for completing the registration process of a trademark in Bhutan is from 9 to12 months. However, it should be noted that rights for registration of a trademark accrue from the date of filing.
The registration of a mark shall be for a period of 10 years from the filing date of the application for registration. It is renewable for further periods of 10 years each.