Trademarks in Bhutan

Competent Authority

Trademark registration in Bhutan is administered by the Department of Intellectual Property (DoIP) under the Ministry of Industry, Commerce and Employment, located in Thimphu. The official working language is Dzongkha and English, and the system is national.

International Agreements

Bhutan is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. Furthermore, Bhutan is a member of the Madrid Protocol concerning the International Registration of Marks, and supports Madrid e-Filing pathways.

Who May Apply

Natural persons and legal entities engaging in commercial, industrial, or service activities may apply. Foreign applicants typically utilize local professional representation or coordinate through designated international filing mechanisms. A signed Power of Attorney (POA) is generally required, though specific notarization rules depend on current administrative guidelines.

Online Filing and Search

Electronic filings, including Madrid e-Filing integration via WIPO platforms, are supported through the official digital infrastructure managed by the Ministry of Industry, Commerce and Employment. Preliminary trademark availability searches are conducted through DoIP records.

Registrable Sign Types

Trademarks may comprise any signs—such as words, designs, letters, numerals, or combinations thereof—capable of distinguishing the goods or services of one undertaking from those of other undertakings.

Classification

Bhutan follows the international Nice Classification system for the registration of goods and services.

Examination

The DoIP performs formal administrative reviews as well as substantive examinations evaluating absolute and relative grounds for refusal, checking compatibility with existing marks on the national register.

Publication and Opposition

Applications that pass examination are published in the official gazette or registry platform. Third parties are permitted to file an opposition against the registration of the trademark within a statutory 3-month opposition window from the publication date.

Timelines

An unopposed standard trademark application typically completes the registration process within an average timeframe of approximately 9 months.

Protection Duration and Renewal

Trademark protection is valid for 10 years from the official filing date. Registrations can be renewed for successive 10-year periods upon request and payment of applicable renewal fees.

Use Requirements

A registered trademark is vulnerable to cancellation actions if it is not put to genuine commercial use or if it remains unused for a consecutive period exceeding 3 years following registration.

Post-Registration Procedures

Post-registration changes—such as assignments, licensing agreements, changes of owner name, or changes of address—must be formally recorded with the DoIP to ensure legal validity and enforceability against third parties.

Legal Remedies

Legal remedies include administrative cancellation proceedings, civil infringement lawsuits before competent courts, and border enforcement controls to intercept counterfeit goods.

Country-Specific Risks and Practical Notes

Because specific local fee schedules in local currency fluctuate based on periodic regulatory updates and administrative adjustments, direct verification of official fee tables via the DoIP portal is recommended prior to filing national applications.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.