Patent, Trade Mark and Design Law and Practice in Bhutan

Information about Patent practice

• Bhutan is not a member of PCT.
• A Paris convention Patent Application can be filed in Bhutan
• Priority can be claimed within 12 months from the date of earliest priority or the date whoever is earlier.

Information about Patent practice

• Title of the invention
• Details of the Applicant(s)
• Details of inventor(s) if the Applicant (above) is not an inventor
• Priority Declaration, if any

Note:– The date to furnish certified copy is 3 months from the date of the request by the Registrar English translation within 6 months if in other languages

Important Note: If the Applicant and inventor are different, the declaration by inventors is required which should be duly signed in presence of two witnesses.

Power of Attorney to be made in patent holder’s letter head-can be filed after filing the application.

Information about Trademark practice

• Priority can be claimed within six months from the date of earliest priority;
• Service Marks are Registrable.
• Multiple Class Applications can be filed in Bhutan. Bhutan is now a member of Madrid Protocol.

Minimum information required

• Name of the mark
• Whether a word mark or device mark
• International class
• Description of the mark if it contains or consists of a device
• If the mark contains or consist of word(s) no being English word(s), provide the derivation of the word(s). If it is invented, state so
• User claims (proposed to be used or the exact date and the month of the year since when the trademark is used should be stated)
• Language of the mark
• Language of word(s)/character in a mark
• Translation of the mark or words, if other than English
• Colours claimed in a Mark
• Disclaim the right to exclusive use of any part of the mark
• List of goods in respect of which you desire to secure registration
• Trade Description
• Name of the Applicant
• Full address of the Applicant
• Nationality of the Applicant
• Six month’s priority date claimed
• Documents of priority claimed follows before three months
• Power of Attorney follows before two months

Information about Industrial Design practice

• Priority can be claimed within six months from the date of earliest priority
• Multiple Design Applications in single Design Application is not allowed

Minimum information required

• Full name, address, nationality, Telephone number (with area code including pin code and country), fax number and E-mail address of the Applicant
• Name, address and Nationality of the Designers

• If body corporate, give corporate name and country of incorporation

In case of Partnership, give names and nationality of all partners and nature of registration

In case of Trust, give the name of managing trustee

If there is more than one address, state the fact and give the address of principal place of business

Application for registration of an Industrial Design must contain the following:

• Request
• Drawings
• Photograph or other adequate graphic representations of article embodying the industrial design and indication of the kinds of products for which industrial design is used
• It must be accompanied by a specimen of the article embodying the industrial design, where the industrial design is two-dimensional

If the Applicant is not the creator, Please provide us with the statement justifying the applicant rights to the registration of the industrial design and indicating each creators name and address

If the Applicant is the creator, provide us with the statement to that effect

Please provide the Power of Attorney.

Please provide the class or subclass (Locarno classification)

If priority is claimed, please provide the following information:-

a) Priority date

b) Country

c) Application number

d) Status

e) For exhibition priority provide name of the exhibition, date and place, date of first disclosurer

A written description (maximum 100 words) or a statement stating the novelty of the industrial design. The statement should cover the distinctive aesthetic features.

For obtaining copies of the required documents for filing new Patent, Trademark and Design Applications in above identified country please send us an email at knk@kankrishme.com.