Bhutan’s economy, centered on hydropower, agriculture, and eco-tourism, prioritizes sustainable development while fostering niche opportunities for innovation. Protecting intellectual property (IP) is crucial to promote local creativity, enhance brand value for Bhutanese products like textiles and handicrafts, and attract foreign investment in an emerging market with a developing IP framework. Our firm provides expert IP services to safeguard your trademarks and inventions in Bhutan.

Trademarks

Trademark protection in Bhutan is governed by the Industrial Property Act of the Kingdom of Bhutan, 2001, administered by the Department of Intellectual Property (DoIP) under the Ministry of Economic Affairs. Bhutan is a member of the Paris Convention and TRIPS Agreement but not the Madrid Protocol, requiring direct local filings.

Trademark Registration Process

Securing a trademark in Bhutan involves a structured process to ensure your mark is unique and legally protected. The key steps include:

1. Trademark Search: Conduct a search through DoIP’s records to ensure the mark is not already in use or registered, though limited digitization may require manual checks.

2. Filing the Application: Submit the trademark application to DoIP, providing details such as the mark, the class of goods/services (based on the Nice Classification), and applicant information. Applications must be in English or Dzongkha (with translations if needed).

3. Examination: DoIP examines the application for distinctiveness and non-conflict with existing similar marks, typically within 6-9 months.

4. Publication: Approved marks are published in the Official Gazette, allowing a 3-month opposition period for third parties to challenge the registration.

5. Opposition Period: During the 3-month window, any party can challenge the registration if they believe it infringes their rights.

6. Registration: If no opposition is filed or if the opposition is resolved in your favor, the trademark is registered, and a certificate is issued.

The entire process typically takes 12-18 months, depending on oppositions or administrative delays. Our firm manages every step, ensuring a smooth registration experience.

Patents

Patent protection in Bhutan is governed by the Industrial Property Act of the Kingdom of Bhutan, 2001, administered by the Department of Intellectual Property (DoIP). Bhutan is a member of the Paris Convention and TRIPS Agreement but not the Patent Cooperation

Treaty (PCT), requiring direct local filings.

● Patentable Subject Matter: Inventions that are novel, involve an inventive step (non-obvious), and are industrially applicable are patentable. Exclusions include discoveries, scientific theories, mathematical methods, and inventions contrary to public morality or

Bhutan’s cultural values.

● Patent Types: The law covers utility patents and industrial designs. Utility models and plant varieties are not explicitly addressed.

● Duration: Patents are protected for 20 years from the filing date, subject to annual maintenance fees and are non-renewable.

● Examination Process: DoIP conducts formal and substantive examinations, focusing on novelty, inventive step, and industrial applicability. Limited resources may cause delays.

● International Considerations: Without PCT membership, foreign applicants must file directly with DoIP. Priority claims based on Paris Convention filings (within 12 months) are recognized.

Contact Us

Ready to protect your IP in Bhutan? Contact us today for a consultation with our expert IP team. Let us help you secure your brand and inventions in this dynamic market.