Trademark registration in Bangladesh

Registering a trademark in Bangladesh is a crucial step for any business seeking to protect its brand identity. A registered trademark grants the owner exclusive rights to use the mark in connection with specific goods or services, thereby enabling more efficient and straightforward enforcement against infringement. This allows a business to safeguard its logo, brand name, and other distinctive signs, preventing unauthorised use by competitors and preserving its reputation and goodwill in the marketplace.

Trademark search

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Applicants may conduct a voluntary search with the DPDT to identify existing or similar marks before filing an application. While not compulsory, a search can help avoid conflicts and streamline the registration process.

Application process

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To register a trademark, the applicant must submit a formal application to the Trademark Registry Wing of the DPDT. The application should include:

• Name and representation of the mark (logo/device/word)
• Name, address, and nationality of the applicant
• Status of the applicant (e.g., manufacturer, merchandiser, service provider)
• Specification of goods/services and relevant class under the Nice Classification
• Date of first use in Bangladesh (if applicable)
• Power of attorney (if the application is filed by an agent or lawyer)
• Payment of the prescribed fees

Examination and acceptance

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Upon receiving the application, the Registrar examines it for compliance and potential conflicts. The Registrar may accept, reject, or request amendments. If objections are raised, the applicant is notified and may respond or request a hearing within three months. Failure to respond results in abandonment of the application.

Journal Publication and Opposition

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Following acceptance of the trademark application by the Registrar, the mark is published in the official “Trademarks Journal.” This publication serves to notify the public of the pending registration.

Any interested party who believes they may be harmed by the registration of the published mark has the right to oppose it. A formal “Notice of Opposition” must be filed with the Registrar within two months from the date of the journal’s publication.

Upon receiving a notice of opposition, the applicant is required to submit a “Counter-Statement” within a prescribed timeframe, defending their application. Both the opponent and the applicant may then be required to submit evidence to support their respective claims. The Registrar will schedule a hearing where both parties can present their arguments.

After considering all evidence and arguments, the Registrar will issue a decision. This decision may uphold the opposition, leading to the refusal of the trademark application, or dismiss the opposition, allowing the trademark to proceed to registration. The Registrar’s decision is subject to appeal before the High Court Division of the Supreme Court of Bangladesh.

Registration and certification

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If no opposition is filed or the opposition is resolved in favour of the applicant, the DPDT issues a registration certificate. The registered proprietor enjoys exclusive rights to use the mark in relation to the specified goods or services.

Term and renewal

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A registered trademark is valid for an initial period of seven years from the date of application and is renewable for successive periods of ten years. Renewal fees must be paid before expiry, with a grace period for late renewal upon payment of additional fees.

Assignment and licensing

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Registered trademarks may be assigned or licensed, with or without the goodwill of the business. Assignments and licences must be recorded with the DPDT to be effective against third parties. Applications for recordal must be made in the prescribed manner.

Fees and Timeline

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Official Processing Time: 2–3 years (actual time may vary depending on objections and workload).

Renewal of Trademark Registration

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Trademark registrations in Bangladesh are valid for seven years and may be renewed indefinitely for further periods of ten years each [§Trademarks Act 2009 §24]. Timely renewal is essential to maintain protection.

Renewal Process

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Required Documents:

• Application Form TM-12 (original)
• Original certificate of previous registration
• Original pay order in favour of the Registrar

Procedure:

1. Collect and complete the renewal form from the DPDT website.
2. Submit the form, supporting documents, and renewal fee to the Dispatch Section.
3. The Renewal Section reviews and approves the application.
4. Upon approval, the renewal is finalised and the register updated.

Remedies for infringement

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Trademark owners may pursue civil or criminal remedies against infringement. Civil actions are filed in the Court of District Judge where the infringement occurred, with available reliefs including injunctions, damages, accounts of profits, and destruction of infringing goods. Criminal proceedings may be initiated before a Metropolitan Magistrate or First Class Judicial Magistrate, with penalties including fines and imprisonment.

For further guidance on intellectual property protection, see our Intellectual Property overview and copyright registration guide.

For professional assistance with trademark registration, enforcement, or portfolio management in Bangladesh, please contact:

• Osman Goni
  • Phone: +8801715569498
  • Email: [email protected]
• Faizul Islam
  • Phone: +8801751230943
  • Email: [email protected]