Trademarks Law in Bhutan
Here’s a detailed overview of trademark law in Bhutan:
🇧🇹 Trademark Law in Bhutan
🔹 Governing Law
Trademark protection in Bhutan is governed by the Industrial Property Act of the Kingdom of Bhutan, 2001.
The Department of Intellectual Property (DoIP) under the Ministry of Industry, Commerce and Employment is the national authority responsible for trademark registration and enforcement.
Bhutan is a member of:
The World Intellectual Property Organization (WIPO)
The Paris Convention
The Madrid Protocol (since 2000) — allowing for international registration of trademarks via WIPO
🔹 What Is Protected?
A trademark in Bhutan may consist of:
Words, names, symbols, letters, numerals
Designs, logos, slogans
Shapes or packaging
Any combination of the above that distinguishes goods or services
Trademarks can be individual, collective, or certification marks.
🔹 Registration
➤ National Registration:
Filed through the Department of Intellectual Property (DoIP).
Process:
Application submission (including name, logo, goods/services list)
Formal examination
Substantive examination (including distinctiveness and prior rights)
Publication in the official gazette for opposition
Registration and issuance of certificate if no opposition
➤ International Registration:
Bhutan is a party to the Madrid Protocol.
Trademarks can be registered in Bhutan through WIPO by designating Bhutan in the international application.
🔹 Duration and Renewal
A registered trademark is valid for 10 years from the filing date.
It can be renewed indefinitely for additional 10-year periods, subject to payment of renewal fees.
🔹 Rights Granted
Trademark registration grants the exclusive right to:
Use the trademark in relation to the registered goods/services
Prevent others from using identical or confusingly similar marks
License the trademark to others
Take legal action against infringers
🔹 Enforcement
Infringement can be addressed via:
Civil action in courts (damages, injunctions)
Administrative complaints via the DoIP
Border measures to prevent the import/export of infringing goods
Criminal penalties may apply in cases of willful counterfeiting
🔹 International Treaties
Bhutan is a party to the following relevant treaties:
| Treaty | Status |
|---|---|
| Paris Convention | ✅ Member |
| Madrid Protocol | ✅ Member since 2000 |
| TRIPS Agreement (via WTO) | ✅ Member since 2004 |
| WIPO | ✅ Member |
Summary Table
| Feature | Details |
|---|---|
| Main law | Industrial Property Act, 2001 |
| Admin authority | Department of Intellectual Property (DoIP) |
| Duration | 10 years, renewable |
| Registration routes | National & via Madrid Protocol |
| Rights granted | Exclusive use, licensing, enforcement |
| Enforcement methods | Civil, administrative, criminal |
| International treaties | Paris Convention, Madrid Protocol, TRIPS |
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